TANTRIK SHIKSHAN KARMACHARI SAHAKARI PAT SANSTHA MARYADIT Vs. THE ASSISTANT COMMISSIONER OF LABOUR-CUM-AUTHORITY

JUDGEMENT

(1.) Rule. Heard finally with consent of counsel for the parties.

(2.) The petitioner is aggrieved by the order dated 3rd December, 2014 passed by the Asstt. Commissioner of Labour in exercise of powers under the Minimum Wages Act, 1948 [for short "the Act of 1948"]. By the said order, the petitioner has been directed to pay minimum wages to the respondent nos. 3 and 4.

(3.) The facts giving rise to the present Writ Petition are that the petitioner -Society is duly registered under the provisions of the Maharashtra Co -operative Societies Act, 1960. This Society, as per its bye -laws, is functioning on 'No profit; No loss' basis. Its object is to advance loans to its members who comprise of employees working with the Industrial Training Institutes. The respondent nos. 3 and 4 claim to be in employment with the Society and, according to them, they were not being paid wages as per the Act of 1948. The said respondents, therefore, on 8th January, 2013 moved the Asstt. Commissioner of Labour under the provisions of Section 20 (1) of the Act of 1948 with a prayer that they be paid wages in accordance with the Act of 1948. In response to the notice issued by the said authority, the petitioner took the stand that it was not a commercial establishment as defined by provisions of Section 2 (4) of the Maharashtra Shops & Establishments Act, 1948 [for short "the said Act"]. According to the petitioner, the provisions of the Act of 1948, therefore, were not applicable to it and the said authority had no jurisdiction to entertain the claim for payment of minimum wages. By the impugned order, the respondent no.1 allowed the application moved by the respondent nos. 3 and 4 and directed payment of minimum wages along with compensation. Being aggrieved, the present Writ Petition has been filed.