HIRA LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal arises from order dated 18.4.2013 in C.W.J.C. No. 1570/2003. The learned Single Judge dismissed the writ application holding that the limitation under section 20(2) of the Minimum Wages Act, 1948 (hereinafter referred to as the Act) will be calculated from the last date that the minimum wages was due.

(2.) Learned Counsel for the appellant has relied upon Gango Sharma v. State of Bihar, 2003 2 PLJR 671 at paragraph-3:--

(3.) The issue, we find, applicable to the facts of the present case has been considered in Awadh Lal Sah v. The State of Bihar and others,1983 PLJR 413It was held that the claim had to be filed within six months from the date it became payable unless, if filed belatedly, it was accompanied by an application for condonation. The application was filed on 21.6.1978 and the claim period was from 10.2.1975 to 18.12.1977. Even though the claim was filed within six months from the latter date, it was held to be not maintainable the limitation to be applied from the former date. The learned Single Judge followed another order in C.W.J.C. No. 2628/79 (Kapil Sao v. State of Bihar) in which also the claim was filed on 21.6.1978 in respect of the period 10.2.1975 to 3.12.1977. The argument that limitation under section 20(2) of the Act was to be reckoned from the latter date was rejected holding that under the Statute it had to be reckoned from the former date.