JAI BHARAT CONSTRUCTION CO. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard counsel for the parties and with their consent these applications are taken up for disposal at the stage of admission.

(2.) The petitioners in these writ applications have challenged the order dated 15.12.2003 (Annexure-8) issued under the signature of Respondent No. 4 whereby and whereunder the petitioners have been called upon to make payment of the difference of wages to the petitioners' workers on the ground that the workers have not been paid their minimum wages fixed for the below ground workers of the colliery. A further prayer has been made for a direction upon the respondents to dispose of, without further delay, the review application filed by the petitioners on 17.12.2002 in M.W. Case No. 27/1999 before the concerned authority under the Minimum Wages Act and the Regional Labour Commissioner (Central), Patna.

(3.) As it appears from the rival submissions, the petitioners are engaged in mining operations of stone quarrying and its operation is carried out through workers engaged in the open cast mines. The petitioners' claim is that they have been paying the minimum wages fixed for the class of workers employed by it in the open cast mines but by resorting to an unqualified explanation to the meaning of "open cast mines", the respondent authorities have sought to saddle an additional liability upon the petitioners' establishment to pay a higher amount of wages.