LAWS(MPH)-2017-11-256

K J S CEMENT LTD Vs. RAJIV SHARMA

Decided On November 08, 2017
K J S Cement Ltd Appellant
V/S
RAJIV SHARMA Respondents

JUDGEMENT

(1.) The applicant has filed the present revision petition under Section 115 of the CPC against the order dated 29.08.2017 by which the learned authority under the Minimum Wages Act, 1948, Labour Court, Satna has rejected the preliminary objection about the maintainability of the claim submitted by the respondents.

(2.) The applicant is running a Cement Plant in the District Satna. The respondent Nos.1 to 3 are the employees of M/s Kamal Sponge & Steel Ltd, Satna. For certain period, they came to the establishment of the applicant to work as a Labour/Employee. The respondent approached the prescribed authority under the Minimum Wages Act under Section 20 to claim the minimum wages with ten time penalty and interest @ 12%. According to the respondents, they were appointed as Assistant Fitters by M/s Kamal Sponge & Steel Ltd in the year 2002. Thereafter, vide order dated 20.10.2014, their services were transferred to the present applicant.

(3.) The applicant has paid them wages @ Rs.5,450/- per month which is less than minimum wages i.e. Rs.10,035/- whereas, the State Government has prescribed the wages for high skilled labour Rs.10,035/- per month from 01.10.2014 to 31.03.2015 and thereafter from 01.04.2015.