ISHWAR ALLOY STEELS LTD Vs. COLLECTOR

JUDGEMENT

(1.) By filing this writ under Article 226/227 of Constitution of India, the Petitioner seeks to assail the 2 RRCs both issued on April 30, 2001 (Annexures P16, PI7) by Additional Tahsildar, Indore for recovery of Rs. 27,205 and Rs. 23,937. Facts in brief are these.

(2.) Respondent No. 3 a lady worker was in the employment of Petitioner - Company which was at all relevant time engaged in the business of manufacture of Steel. Since the Respondent No. 3 was not being paid her wages and also overtime wages by the Petitioner as per the provisions of Minimum Wage Act despite her having actually rendered services for days, she filed two applications under Sections 15(3) and 20(2) of Minimum Wages Act before the Labour Court, Indore. The Labour Court registered the applications and issued notices to Petitioner (non-applicant before Labour Court). The Petitioner despite notice remained ex pane and hence Labour Court after placing the Petitioner ex parte recorded the evidence of Respondent No. 3 and passed two orders - one dated December 7, 2000 (Annexure R/3/1) and other dated December 4, 2000 (Annexure R 3/3) against the Petitioner directing them to make the payment to Respondent No. 3 towards her wage and for overtime done by her in petitioner's factory. The Petitioner did not make the payment and hence the Labour Court issued the Impugned R.R.C. certificate (Annexure P/6 and P/7) on the strength of the two orders referred supra. It is against these two R.R.C. the Petitioner has filed this writ.

(3.) The Respondent No. 3 has filed the return and has supported the impugned demands and the R.R.C.