RAMESH PURBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The Petitioner is aggrieved by the order dated 22.9.1999 (Annexure-3), passed by the Respondent-S.D.O. Rosera, Samastipur in Minimum Wage Case No. 19 of 1998 as also the appellate order dated 24.12.2001 (Annexure-4) in Minimum Wage Appeal Case No. 10 of 1999-2000, passed by the Respondent-Additional Collector, Samastipur.

(3.) Learned Counsel appearing on be-half of the Petitioner submits that Respondent No. 5 filed an application on 24.6.1998 (Annexure-1) before Respondent-S.D.O., an authority prescribed under the Provisions of the Minimum Wages Act, 1948 (herein-after referred to as the Act). By that application Respondent No. 5 raised a grievance that though he worked for construction of building of the writ Petitioner from August 1997 to February 1998, but he has not been paid the entire minimum wages. Out of total amount of wages of Rs. 39,443/- it was claimed that only Rs. 15,400/- was paid to him and, therefore, the amount of Rs. 24,046/- was required to be paid by the writ Petitioner-employer. Compensation amount of Rs. 6,000/- was also claimed by the Respondent No. 5. The matter was enquired into by the Labour Enforcement Officer, Rosera and he submitted a report dated 17.7.1998 (Annexure-2), whereafter Minimum Wage Case No. 19 of 1998 was registered. Claim of Respondent No. 5 has been allowed in terms of Section 20(2) of the Act and by the impugned order dated 22.9.1999 (Annexure-3), the Petitioner was directed to pay Rs. 26,046/- to the Respondent No. 5 within a fortnight. The appeal preferred by the Petitioner against the said order, as per submission, has been mechanically rejected by the appellate authority.