V UMAYAL Vs. STATE

JUDGEMENT

(1.) THIS is a petition, seeking for a direction to call for the records in STC No.1020 of 2003 on the file of Judicial Magistrate No.VI, Coimbatore, and quash the proceedings.

(2.) THE petitioner is the proprietrix of Karaikudi Aachi Restaurant at No.751, Trichy Road, Coimbatore-45. THE Assistant Commissioner of Labour, Coimbatore, inspected the premises of the petitioner on 24.08.2000 and found that 11 workers were not given minimum wages and Dearness Allowance, whereupon, an enquiry was conducted by the Deputy Commissioner of Labour, resulting in the order dated 04.06.2001, in and by which, the petitioner was directed to pay a sum of Rs.30,481/- to the workers of the restaurant along with 10 times compensation i.e., Rs.3,04,810/-. THE petitioner was directed to pay a total sum of Rs.3,35,291/- within 7 days from the date of the order. Since the said amount was not paid to the workers, a petition came to be filed under Section 20(5)(b) of the Minimum Wages Act, 1948, before Judicial Magistrate No.VI, Coimbatore, for recovering the amount.

(3.) I have perused the materials available on record and carefully considered the rival submissions made on either side.