BAI DHUNMAI CAWASJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition is directed against the show cause notice dated 17th January 1995 issued by the Inspector under the Minimum Wages Act, 1948 based on a report prepared by the Inspector on an inspection of the Petitioner establishment.

(2.) COUNSEL for the Petitioner contends that the Inspector has already come to the conclusion that the Petitioner's establishment is covered under the Provisions of the Minimum Wages Act, 1948 and as such showing cause to the notice would be an empty formality. He, therefore, contends that this Court in the exercise of its powers under Article 227 of the Constitution of India should quash the said notice. He further points out that in an event an employee who is covered under the provisions of Minimum Wages Act is not paid the wages due to him, he can always move under Section 20 of the Act for the redressal of his grievances. It is, therefore, his contention that the Inspector when a remedy is available to an employee could not have himself arrived at conclusion that the establishment is covered under the provisions of the Minimum Wages Act. He also points out that the facilities where the employees are engaged, are attached to the school run by the Petitioner establishment and consequently also the provisions of the Minimum Wages Act would not be attracted and on the contrary it will be the provisions of the Maharashtra Employees of Private School (Conditions of Service) Regulations Act, 1997.

(3.) IN passing it may be observed that the Inspector himself in a given case cannot decide the claim. This can only be agitated before the Authority constituted under Section 20 of the Act. Even in the present case on the Petitioner filing their reply, the Inspector to pay due consideration to the reply and act according to law as to whether he should file a claim application or launch prosecution.