SECRETARY BIRANARASI Vs. MURALIDHAR PRADHAN

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner -Management, challenging the order dated 02.05.2012, passed by the Labour Court, Bhubaneswar, in Industrial Disputes Misc. Case No. 87 of 2010, allowing the application of the workman -opposite party, filed under Section 33 -C(2) of the Industrial Disputes Act, 1947 ("I.D. Act" in short), computing the claim of the workman towards differential wages for the period from 01.12.1993 to 31.10.2010 at Rs. 1,45,500/ - and directing the Management to pay the same. The case of the petitioner -Management is that as the claim of the workman made under Section 33 -C(2) of the I.D. Act for payment of differential wages on the basis of the minimum wages notified by the State Government from time to time, the same could not have been adjudicated by the Labour Court. It is the plea of the petitioner -Management that the application filed by the workman under Section 33 -C(2) of the I.D. Act for implementing the minimum wages cannot be adjudicated by the Labour Court and the proper procedure is for the workman to approach the prescribed authority under the Minimum Wages Act. In this regard, it is submitted that as the claim made by the workman is required to be adjudicated upon by the prescribed authority under the Minimum Wages Act, the same cannot be the subject matter of an application under Section 33 -C(2) of the I.D. Act and only the admitted claim and/or entitlement can be adjudicated by the Labour Court. It is the further plea of the petitioner -Management that as it is a Cooperative Society, the minimum wages notified by the State Government is not applicable to the employees of the Cooperative Societies.

(2.) LEARNED counsel appearing for the workman -opposite party while supporting the impugned order submits that the notifications of the State Government in the Labour and Employment Department dated 28.04.2007 and 26.02.2009, published in the Orissa Gazette, prescribing the nature of employment, categories of employees and the minimum wages payable shows that the "Cooperative Societies" come within the ambit of the said notifications and therefore the minimum wages prescribed therein is payable to the workman -opposite party.

(3.) AS regard the adjudication of the applicability of minimum wages, Hon'ble Court has held as under: -