RASHEED A MASKATI Vs. M ABBAS ALI HUSSAINI

JUDGEMENT

(1.) THE petitioners, who are the trustees of 'maskati Charitable Property Trust', have filed this writ petition praying for the issue of a writ of certiorari quashing the Judgment and Order dated 29th October 1986 passed by the Authority under the Minimum Wages Act, Bombay.

(2.) THE petitioners herein are the trustees of Maskati Charitable Property Trust' (hereinafter referred to as "the said Trust"), which owns a building known as 'maskati Court', situated at maharshi Karve Road, Churchgate, Bombay. Apart from the Maskati Court Building, the petitioners are also the owners of a few other properties with tenanted flats. Respondents No. 1, m. Abbas Ali Hussaini was employed by the said Trust as a Liftman-cum-water pump operator. Respondent No. 1 contended that the said Trust was a "commercial establishment" within the meaning of the Minimum Wages Act, 1948 and hence he was entitled to the minimum wages permissible under the said Act.

(3.) RESPONDENT No. 1 filed an application in the Court of the Authority under the Minimum wages Act, Bombay, being Application (M. W. A.) No. 28 of 1985, contending that the said Trust was an "employer"within the meaning of Section 2 (e) of the Minimum Wages Act and that the applicant was an "employee" within the meaning of Section 2 (i ). The said Trust was, therefore, obliged to pay him the minimum wages fixed under the Minimum Wages Act.