EICHER MOTORS LTD Vs. NILESH VANKHEDE

JUDGEMENT

(1.) An employer-Eicher Motors, has filed this writ petition under Article 227 of the Constitution of India, challenging the main order passed by the competent authority under the provisions of Minimum Wages Act, dated January 13, 2001 (Annexure P5) and yet another order passed by the same authority on May 19, 2001 (Annexure P7). Facts of the case lie in a narrow compass. They need mention infra, in brief.

(2.) Respondent No. l, an employee, working with the petitioner company filed an application under Section 20 (2) and (3) of the Minimum Wages Act, 1948 read with M.P. Minimum Wages Fixation Adhiniyam, 1962 before the competent authority out of which this writ petition arises. In the said application, the respondent No. 1 claimed payment of minimum wage, overtime wage etc. for the work done by him during the period April 1, 1999 to March 30, 2000. The petitioner was non-applicant in the said application before the competent authority. They were duly served with the said application, but they did not choose to contest the application and remained ex-parte. The competent authority had, thus, no option but to proceed ex-parte against the petitioner. The respondent No. 1 then led evidence of himself and supported the statement by filing documents which were exhibited as Exhibits PI to P29 and prayed for the relief claimed in the application.

(3.) By order dated January 22, 2001 (Annexure P5), the competent authority (Labour Court, Indore) allowed the application made by the respondent No. 1 and awarded a sum of Rs. 47,916.00 as an amount payable to the respondent No. 1 by the petitioner. The direction was given to make the payment within a period of thirty days.