SHARDA CONSTRUCTION Vs. AUTHORITY UNDER MINIMUM WAGES ACT 1948 AND REGIONAL LABOUR COMMISSIONER CENTRAL MUMBAI

JUDGEMENT

(1.) The petitioner was opponent No. 1 before the Authority under the Minimum Wages Act and Regional Labour Commissioner (Central) Mumbai. The proceedings are numbered as MCA 21/2007.

(2.) That was an application made by the Labour Enforcement Officer, respondent No. 2 before me. This application which was preferred on July 9,2007 under Section 20(2) of the Minimum Wages Act, 1948 stated that the said establishment was inspected in January 2007. Petitioner was carrying on activities as Contractor on behalf of principal employer, respondent No. 3. It is not in dispute that the work was being carried out in pursuance of the work order. However, at site, it was alleged that the workers were paid less than minimum wages. The amount was quantified at Rs. 24,458/-. The Authority therefore prayed that the direction be issued to pay minimum wages and 10 times compensation.

(3.) It is the case of petitioners that the order impugned in the present petition is ex parte order. The petitioner was present on July 31, 2007 but sought adjournment to file reply on the subsequent date to which the matter was adjourned. The person familiar with the facts of the case was not present due to illness and, therefore, in the absence of the petitioner, the matter proceeded and the authority directed not only payment of minimum wages but five times penalty and that is how the sum of Rs. 1,22,290/- has been computed.