UNION OF INDIA Vs. SHASHI BHUSHAN SINGH

JUDGEMENT

(1.) Heard learned Counsel for the petitioners and learned Counsel for the respondents.

(2.) The present writ petition has been filed by Union of India and others for quashing the order dated 29.09.2004 passed by respondent No. 4 and order dated 30.12.1989 passed by respondent No. 5, Annexure No. 4 and 3 respectively, to the writ petition.

(3.) It appears that the respondents workmen were engaged by the petitioners on daily wages. Without any notice and opportunity they have been ousted from the service. As such they approached the Payment of Wages Authority on the ground that they were working but no notice of termination has been given, therefore, they will be deemed to be in service and they are entitled to the minimum wages, which is being paid to other similarly situated employees. The representative of the petitioner Union of India appeared before the authority below and had admitted this fact that while disengaging the respondents, as the employees had produced forged labour card, therefore, after an enquiry they have been ousted from the service. The Payment of Wages Authority has come to the conclusion that no notice or opportunity was given to respondents workmen and deduction in payment will be treated to be illegal and it has further been held that the representative of the employer has admitted this fact that respondents workmen have been disengaged on the ground that they have forged their labour card.