COOP CANE DEVELOPMENT Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for parties and perused the record.

(2.) By means of present writ petition, the petitioner prays for a writ in the nature of certiorari for quashing of the judgment & order dated 23.9.1999, passed by Asst. Labour Commissioner, Faizabad (opposite party no. 2) in Case No. M.W. 230 of 1999, under section 20 (2) of Minimum Wages Act, 1948 thereby allowing the claim of opposite party no. 4 for payment of wages amounting to Rs. 17,048.97, for the period from 1.12.1996 to 30.11.1997, compensation of Rs. 34,097.56 i.e. two times of the amount claimed and Rs. 300/- as cost of the proceedings, total Rs. 51,446.34.

(3.) Submission of learned counsel for petitioner is that Ganga Ram, the opposite party no. 4 was engaged as a part-time Chowkidar at Mini Fertilizer Godown of the petitioner-society at Aseni, district Barabanki on fixed wages of Rs. 50/- per month w.e.f. February, 1985 which he was being paid from time to time. The engagement of opposite party no. 4 came to an end on 30.11.1997 on account of closure of business of petitioner-society which was approved by the District Cane Officer, Barabanki/Chairman, District Cane Service Authority, Barabanki vide letter dated 13.12.1997 (Annexure No. 2 to the Writ Petition). It is further submitted that on 10.12.1997 the Labaour Inspector, Minimum Wages Act, Barabanki inspected the office of petitioner and issued inspection note (Annexure No. 3) with his remarks to the petitioner. The petitioner vide letter dated 19.12.1997 (Annexure No. 4) intimated opposite party no. 3 that the wages of opposite party no. 4 upto 24.11.1997 have been paid to him on 16.12.1997.