N K JAIN Vs. LABOUR COMMISSIONER RAJASTHAN

JUDGEMENT

(1.) THIS is an application by N. K. Jain and others on behalf of M/s Dnduwala and Co. , bhilwara (hereinafter called the applicant) under Article 226 of the Constitution against the Labour Commission, Rajasthan and others, and arises in the following circumstances.

(2.) MESSRS Duduwala and Co. Bhilwara carry on mica mining, and manufacture and sale of mica. One of the mines exploited by it is Toonka mine, and naturally workers are employed in this mine. The Labour Inspeetor, after inspecting the mines, made an application under Section 20 (2) of the Minimum Wages Act (No. XI) of 1948 (hereinafter called the Act) before the Labour Commissioner in June 1954. In that application, it was urged that the applicant had not paid wages for Sundays to the workers, and had therefore contravened Section 13 of the Act, read with Rule 23 of the Minimum Wages (Central) Rules, 1950 (here-in-after called the Rules ). The Labour Inspector prayed that the applicant be directed to make payment of the wages which had not been paid to the workmen, and also to pay compensation. The Labour Inspector also prayed that sanction should be granted for prosecuting the applicant under Section 22 of the Act. Notice was issued to the applicant of this application of the Labour Inspector, and eventually in June, 1955, the Labour commissioner ordered the payment of wages, but did not allow any compensation. It also appeal's that sanction to prosecute was not granted.

(3.) THEREUPON, the present application was made to this Court against the order of the Labour Commissioner, and it is contended that the Labour Commissioner was wrong in ordering the applicant to pay the wages for weekly holidays.