SCANTEC INDIA PRIVATE LTD Vs. REGIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) Heard Shri Chhabra, advocate for petitioner and Shri Mehadia, advocate for respondent No. 3. None present for the respondent No. 1 & 2.

(2.) Petitioner has challenged the order of Authority under Minimum Wages Act 1948 and the Regional Labour (C) Nagpur dated 15.1.1998 by which the petitioner was ordered to deposit the difference of wages of Rs. 1,27,530/- and compensation equal to fifty percent of the difference of wages amounting to Rs. 63,765/- towards payment due to employees under Section 20(3) of the Minimum Wages Act.

(3.) Facts leading to this petition are thus-Assistant Labour Commissioner (Central) had initiated proceedings against two firms namely: 1] Shri S.K. Arora, Managing Director, M/s Scantec (I) Pvt. Limited (Behind Sadiq Nagar Market), New Delhi 110049 and 2] Shri D.K. Nandi, Executive Director, M/s Power Grid Corporation of India Ltd. Sampriti Nagar, Ring Road, P.O. Uppalwadi, Nagpur 440026 in Application No. N-47(54)/97-CA. The petition was filed under Sub-rule (4) of Rule 29 of the Minimum Wages (Central) Rules 1950. Some delay was there, it was condoned. On merits matter was examined by the authority. The chart of payment of difference of wages was produced by the petitioner before the authority. However, only four employees could be produced before the authorities for verification of payment of difference of wages. The employees who could be contacted are: Allaiya Guvaiya Amulwar, Smt. Kanyabai w/o Allaiya, Smt. Allama and Smt. Davanabai. They stated that they had received difference of wages as shown against their names in the payment sheet produced by the petitioner. Authority came to the conclusion that difference of wages to the remaining employees were not paid, though it was mentioned in the payment sheet for they were not produced before the authorities. Therefore, it passed an impugned order.