LAWS(ORI)-2016-9-124

RUBBER BOARD Vs. REGIONAL LABOUR COMMISSIONER (CENTRAL)

Decided On September 22, 2016
RUBBER BOARD Appellant
V/S
REGIONAL LABOUR COMMISSIONER (CENTRAL) Respondents

JUDGEMENT

(1.) Order passed by the Regional Labour Commissioner (Central), Authorized Officer under Minimum Wages Act, 1948 dated 26.11.1997 in application MWA No. 149 of 1996 is under challenge whereby and where under the petitioner was been directed to pay a sum of Rs. 5,30,874.06 paise to be paid to 44 unskilled workers within 30 days of receipt of order through demand draft drawn in favour of the workman towards differential wages for the period from dated 01.09.1995 to 19.09.1996.

(2.) The petitioner has taken two grounds in assailing the order i.e. (i) the Regional Labour Commissioner (Central) is not the competent authority being not an appropriate authority to adjudicate the claim regarding the minimum wages and (ii) the Regional Labour Commissioner (Central) has passed the order without appreciating the fact that there was a settlement between the Union and the management.

(3.) While on the other hand, learned counsel representing the Union has vehemently opposed the prayer of the learned counsel for the petitioner by submitting that the management is the Rubber Board of India and its Regional Research Station situated in the district of Dhenkanal in the State of Odisha and since it is directly under the control of Ministry of Commerce, Govt, of India, hence the Regional Labour Commissioner (Central) is the competent authority under the provision of Minimum Wages Act, 1948.