RAMAKANT RAJMANGAL YADAV Vs. RAMNILAN VIJAY

JUDGEMENT

(1.) Respondent Nos. 1 to 5 made application (IDA) No. 3083 of 1977, under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the "I.D. Act"), in the Labour Court, Bombay, presided over by Respondent No. 17, against the petitioner and Respondent No. 16 for computation of money due to be on the ground that they were in the permanent employment of the petitioner and Respondent No. 16 and were performing the jobs of reconditioning steel or galvanising drums which work came within the purview of an Engineering Industry and as per a notification issued by the Government of Maharashtra under the Minimum wages Act, 1948, prescribing the minimum wages for the Engineering Industry with effect from 1st Dec., 1974, they be paid the difference between the wages actually paid to them and to which they were entitled under the Minimum Wages Act for the Engineering Industry under the said notification. They thus claimed Rs. 2,77,916/- for all of them.

(2.) Their application was resisted by the petitioner contending that the Labour Court had no jurisdiction to try and decide the claim under Section 33-C12) of the I.D. Act and except the first four or five respondents, others were never in his employment. The petitioner also contended that he did not carry on business in an Engirecring Industry as alleged and that prior to 1st Dec., 1974, he was paying minimum wages to his employees as prescribed for the employees working in a commercial establishment under the Bombay Shops and Establishments Act, 1948, as he was running a purely commercial establishment.

(3.) Appreciating the evidence adduced before him, the learned Labour Judge rejected all the opntentions of the petitioner and accordingly by his judgment and order dated 28th Nov., 1983 allowed the application and ordered the petitioner to pay Rs. 2,27,916/- to Respondent Nos. 1 to 15.