KUMAR ENGINEERING CONSTRUCTION Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for petitioner and learned counsel for Union of India.

(2.) It is submitted by learned counsel for the petitioner that as has been held in the judgment reported in "2000(2) J.L.J.R. page 692" that for non payment of minimum wages , section 20 of the Minimum Wages Act cannot be invoked. As such, the impugned award passed u/s 20(2) of the minimum wages act by the Regional Labour Commissioner, Central, Dhanbad cum Authority, in the minimum wages act are bad in law and fit to be set aside.

(3.) Learned counsel appearing on behalf of Union of India has submitted that considering the judgment of the Hon'ble Supreme Court and other judgments which are of own High Court in the case reported in " the case of State of Jharkhand through Dept. of Labour Employees and training V/s. Nirmal Singh, 2005 1 JCR 220" it has been held that the authorities has power to pass an order in direction of payment in difference of minimum wages u/s 20(1)(2) of the Act.