ASHRAF Vs. DEPUTY LABOUR COMMISSIONER

JUDGEMENT

(1.) HEARD Sri A. A. Ansari, learned counsel for the petitioner and Sri M. D. Singh Shekhar, the learned senior counsel for the respondent Nos. 2 to 6.

(2.) THE petitioner has challenged the order passed by the Payment of Wages Authority under Section 15 (2) of the Payment of Wages act. Even though, the petitioner has a remedy of filing an appeal under Section 17 of the Act, the writ petition was entertained since it involved a point of jurisdiction. It transpires that respondent Nos. 2 to 6 are labourers employed in the agricultural field and were engaged in the tilling of the soil. It transpires that the respondents were not paid the minimum wages as notified by the authority under the Minimum Wages Act. Accordingly, an application under Section 15 (2) of the payment of Wages Act was filed by the said respondents. The petitioner, who is a land owner, and a farmer, filed his written statement, objecting to the maintainability of the proceedings initiated under the Payment of wages Act. The petitioner submitted that the application filed by the said respondents under section 15 (2) of the Act was not maintainable in as much as, the said Act was not applicable for agricultural operations and was not covered under Section 1 (4) of the Act read with Section 2 (ii) of the Act. These objections were rejected by the authority and thereafter, the authority proceeded to decide the claim and passed an order awarding a sum of Rs. 42,600/- towards wrongful deduction of wages and further awarded a sum of Rs. 2,30,900/- towards compensation for wrongful deduction of wages. The petitioner, being aggrieved, has filed the present writ petition.

(3.) HAVING heard the learned counsel for the parties, this Court is of the opinion that the impugned order cannot be sustained. No doubt, a notification has been issued under Sections 3 and 4 of the Minimum Wages act providing minimum rates of wages in respect of employees employed in the employment in agriculture. Wages notified under the notification issued under the minimum Wages Act, are required to be paid to such employees employed in the employment in agriculture. If the minimum rates of wages is not being paid, the remedy available to such employees is under Section 20 of the Minimum wages Act. The remedy under Section 15 (2) of the Payment of Wages Act is not the appropriate remedy inasmuch as, the Act is not applicable to such employees employed in the agriculture sector. Section 1 (4) and Section 2 (ii) of the Payment of Wages Act defines as under: