DULHERI COOP. CREDIT AND SERVICE SOCIETY LTD. Vs. AUTHORITY, UNDER THE MINIMUM WAGES ACT, BHIWANI AND ORS.

JUDGEMENT

(1.) Present writ petition under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of certiorari to quash the impugned order dtd. 17/10/2012 (Annexure-P/3), whereby respondent No.1 has issued direction to the petitioner-society and the proforma respondents, to deposit an amount of Rs.27,150.00 on account of difference of wages in the Court within 30 days failing which said amount was ordered to be recovered alongwith interest @ 12 per cent per annum.

(2.) Facts relevant for the purpose of decision of this writ petition; in the year 1997, the petitioner-Society was having one godown and Mani Ram, respondent No.2, was given the work of Sweeper on 14/3/1997. He was also to fill up one Matka of drinking water and thereafter he was free to do his own work. The total work in the petitioner-Society was only for 15 minutes in a day and thereafter respondent no.2 used to run a General store-cum-Tea stall at Dulheri Bus Stand. Vide resolution dtd. 5/3/1999, the honorarium of respondent No.2 was enhanced from Rs.50.00 to Rs.200.00 per month and work of Chowkidar was included in the above said resolution, but respondent No.2 never joined the post of Chowkidar. On 30/9/2006, the petitioner-Society was wound-up and Tosham PACS Ltd. Tosham was formed. Respondent No.2 did not work with the present society and the earlier society itself was not in existence.

(3.) As per the petitioner, after more than 12 years of passing of the resolution and even after winding up of the petitioner-Society, respondent No.2 filed a claim petition (Annexure-P/1) before respondent No.1 on the ground that he had worked on the post of Chowkidar, but he had not been paid the minimum wages as per the Minimum Wages Act, 1948 (for short, 'the Act'). The petitioner-society filed its detailed reply on the ground that respondent No.2 was never employed, rather he was working on part time basis to sweep the premises of the society, but authority, respondent No.1, passed the impugned order, Annexure P/3, directing the petitioner-Society to deposit a sum of Rs.27,150.00 on account of difference of wages and, as such, the present writ petition before this Court.