MANAGER, M/S. IBRAHIMJEE ISABHAI & SONS, UJJAIN Vs. AUTHORITY UNDER THE MINIMUM WAGES ACT, (LABOUR COURT), UJJAIN AND OTHERS

JUDGEMENT

(1.) The petitioner challenges the order dated 13-1-1983 (Annexure-d), passed by the authority under the Minimum Wages Act, 1948, Ujjain, in case No. 3 of 1981.

(2.) The petitioner M/s. Ibrahimjji Isabhai & Sons is a partnership firm duly registered as such under the Partnership Act. The firm carries on the business of manufacturing Engineering goods and machineries, known as strapping machine' in its factory, situated at Ujjain. The respondents 2 to 6 moved an application under S. 20 (2), Minimum Wages Act, 1948 (for short, the Act) on 3-8-1981 on the ground that they had been paid less wages than the minimum rates prescribed. On a notice issued by the Authority, the petitioner firm by its written statement dated 29-9-1981, filed as Annexure-C, raised a preliminary objection to the effect that the application was not maintainable as barred by time and further contending that it was beyond the scope of authority and jurisdiction of respondent 1 to go into the question of classification of the employees into skilled/semi-skilled or unskilled worker, as the authority has no jurisdiction to make such a classification.

(3.) The petitioner's grievance is that respondent 1, without deciding the preliminary objection as to its jurisdiction regarding classification, recorded the evidence and passed the order on 13-1-1983, holding that respondents Hakumuddin, Ashokrao and Kadarbhai were skilled employees, while Girishkumar was semi-skilled and on that basis decreed the difference claimed by them for the period of one year from the date of application. It is this order, which has now been challenged in this petition.