GANGA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This case arising from a proceeding under the Minimum Wages Act presents a sorry spectacle and the manner in which the Authorities under the Act are functioning appears in poor light.

(2.) The Petitioner, claiming to be the Tractor Driver of Respondent No. 4 made an application under Section 20 of the Minimum Wages Act. This application was allowed by order, dated 05.08.88 (copy at Annexure-1). By this order the Petitioner was awarded a sum of Rs. 66,598.40 as due wages, in addition, to ten times compensation amounting to Rs. 06,65,984/-. Thus, the total sum directed to be paid to the Petitioner by that order amounted to Rs. 07,72,582.40. According to Respondent No. 4, this order was passed without issuing any notice to him. Though the Petitioner controverts this statement but there is no material on the record to counter this allegation and to suggest that any notice was issued to the employer, Respondent No. 4, before passing this order. Also, there is no explanation for awarding the maximum compensation amounting to ten times of the due wages. Further, the claim at best in part, also appears to be beyond the period of limitation.

(3.) These circumstances cast a shadow of doubt on the bonafides of the order.