GOPAL KRISHNA GOSALA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner is a charitable society which was formed in the year 1936-37 as "victoriya gorakhyani Sabha, Cuttack" by Marwari community of Cuttack and registered under the societies Registration Act, 1880. Subsequently, the said name was changed to

(2.) A counter affidavit has been filed by the opposite Parties stating therein that under section 27 read with Section 2 (9) of the minimum Wages Act, 1948, the appropriate government is empowered to notify the minimum wages in a scheduled employment as has been provided in the Schedule annexed to the Act. The Schedule has been divided in two parts i. e. Part -I and Part -II. The Government in labour and Employment Department fixed/revised the minimum wages for the employees employed in the employment in agriculture vide Notification No. 5796 dated april 29,1999 and also a number of employees as mentioned in Part -II of the Schedule. The petitioner society is engaged in dairy farming and raising livestock and its function comes under the Scheduled employment. As such, fixation of minimum wages is applicable to the employees employed in the employment in agricultural operation. Hence, the notification dated April 29, 1999 is applicable to the petitioner society. Accordingly, the Asst. Labour Officer issued letter to the petitioner society to ensure payment of minimum wages to its employees according to their skill as indicated in the notification. Such action of the asst. Labour Officer was in accordance with the provisions of the Minimum Wages Act, 1948. The said authority was also empowered for filing claims if less payment is detected and to file prosecutions for non-maintenance of registers and non-production of those register. Therefore, as Opposite Party No. 2 has not committed any illegality or irregularity, the writ petition is liable to be dismissed.

(3.) FROM the above submissions of the opposite Parties and after going through the record, this Court finds that the question raised by the petitioner is a disputed question of facts and this being a Writ Court, we do not want to go into the factual dispute.