SHIVSHANKER BHOJNALAY Vs. LABOUR INSPECTOR

JUDGEMENT

(1.) THIS petition for writ is preferred to question validity, correctness and propriety of the judgment dated 9.3.2009 passed by the prescribed authority under the Minimum Wages Act, 1948, Jalore and the decree dated 18.3.2009 drawn in pursuant to the judgment referred above.

(2.) IN brief, facts of the case are that an application as per provisions of Section 20(2) of the Minimum Wages Act, 1948 (hereinafter referred to as "the Act of 1948") was filed by the Labour Inspector, Jalore before the prescribed authority under the Act aforesaid with a prayer to prosecute the petitioner for violating the provisions of the Act of 1948. As per the application the Inspector made an inspection of M/s Shivshanker Bhojnalay and found that the employees working with the establishment were not paid wages as prescribed by the Government of Rajasthan in accordance with the provisions of the Act of 1948. The inspection report and certain other documents were annexed with the complaint.

(3.) WHILE adjudicating the complaint the prescribed authority recorded statements of the Labour Inspector and the counsel for the petitioner was permitted to cross examine him. The Labour Inspector stated on oath that on 22.11.2002 at about 02:30 PM he inspected M/s Shivshanker Bhojnalay, opposite Kacheri, Jalore and made a complete report after recording statements of certain employees. The statements of such employees were placed on record as Ex.1. In defence, statements of Shri Mangilal, Proprietor of the petitioner establishment were recorded who stated that the inspection was made by the Inspector in his absence. He also stated that he was making payment of wages to the workmen @ Rs.100.00 per day. The prescribed authority after considering the evidence available on record arrived at the conclusion that the payment to the employees was not made by the petitioner establishment in accordance with the rates prescribed by the appropriate government as per the provisions of the Act of 1948.