MUKESH GARG Vs. MUNNEY KHAN

JUDGEMENT

(1.) Both these writ petitions between the same parties, have been filed challenging the order of respondent no.2 under the Minimum Wages Act, 1948 dated 15.1.2003, whereby, claim of the employee respondent no.1 arising out of payment of less than the minimum rates of the wages, have been allowed together with the direction for payment of compensation.

(2.) The facts in brief giving rise to these writ petitions are that respondent no.1 filed an application under Section 20 (2) of the Minimum Wages Act, 1948, (hereinafter referred to as 'the Act') for payment of a sum of Rs.17502.75/- on account of payment of less than the minimum rates of the wages. It is alleged that he is working as a Mistri and is being paid Rs.1400/- per month, while in an inspection made by the Labour Enforcement Officer Sri G.N. Srivastava on 26.7.1998, he found him entitled for minimum wages at the rate of Rs.2566.85/- per month. It is alleged that on basis of such inspection, a claim under the Act being M.W. Case No.851 of 1998 was filed before the prescribed authority, which is pending. The employee is entitled to difference of wages at the rate of Rs.1166.85/- per month, total sum being Rs.17502.75/- for the period August, 1998 to October, 1999. The aforesaid application came to be registered as M.W. Case No.13 of 2000 giving rise to Writ Petition No.1334 (S/S) of 2003.

(3.) The employee-respondent no.1, while making similar assertions, filed another application under Section 20 (2) of the Act, registered as M.W. Case No.340 of 2000, claiming difference of wages at the rate of Rs.766/- per month alleging that for the period November, 1999 to August, 2000 he was paid wages at the rate of Rs.1800/- per month, while he was entitled for minimum wages at the rate of Rs.2566.85/- per month. According to him, the total amount illegally detained by the employer is Rs.7660/- on which he is entitled to 10 times compensation i.e. Rs.76600/-. Order passed on such application has resulted in filing of writ petition 1418 (SS) of 2013.