M L GUPTA Vs. CITY MAGISTRATE LUCKNOW

JUDGEMENT

(1.) This petition is directed against an order dated 15-10-1958, passed by Sri Markandey Singh, City Magistrate, Lucknow, in a case started under Section 20 of the Minimum Wages Act, 1948. The case before him was started on the application of one Sri J. N. Gupta, Labour Inspector, appointed under the said Act. The petitioner, who is a Government Contractor, was the opposite party. It was pointed out that the petitioner here, the opposite party in proceedings before the learned Magistrate, had not paid the wages to his employees within 7 days of their falling due. The amount payable by him to the labourers was reported to be Rs. 821/14/-. The petitioner disputed his liability for the amount pointing out that none of the persons except one Babu Lal to whom the arrears were said to be due, had ever worked under him. In the case of Babu Lal the justification put forward was that his work was unsatisfactory. A significant fact and with which this petition will be directly concerned is that there was no dispute as regards the rate of wages payable to the several employees. The question before the Magistrate merely was whether a certain set of persons had worked as employees of the petitioner and, therefore, were entitled to be paid their wages also. The difference in the'case of Babu Lal which differed from the case of the remaining employees again was whether he was entitled to the wage asked by him because his work had not been found to be satisfactory. The learned Magistrate framed the following four issues: 1. Whether the O. P. was liable to pay the wages to the workers whose names are mentioned in para 4 of the application?

(2.) To what wages, if any, are these workers entitled?

(3.) To what compensation, if any, are the workers entitled?