NIRMAL SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for quashing the notices and the entire proceeding being Minimum Wages Case No. 1 /2002 and also for quashing the claim petition filed by the Labour Enforcement Officer, East Singhbhum, Jamshedpur against the petitioner under S. 20(2) of the Minimum Wages Act, 1948 (in short the Act). By filing an amendment petition, the petitioner has prayed for quashing the final order dated 30 -6 -2002 passed by respondent No. 5, the Sub -Divisional Officer -cum Authority under the Minimum Wages Act, Dalbhum, Jamshedpur for making payment of Rs. 2,36,957.80 as less payment of wages of Rs.23,69,578/ - as compensation being ten times of the aforesaid less payment.

(2.) PETITIONER 's case is that he is one of the trustees of Public charitable Trust known as ''Indian Institute of Teaching '' set up in 1999 by a trust deed having its office at Jamshedpur. The said trust has been set up for establishing and aiding education, social institutions, Dharamsala, University, Medical Institutions, Libraries and Research Centres etc. For the purpose of construct - tag a school and office building, the trust, through the petitioner entered into an agreement on 18 -10 -2000 with one Ganga Rai, proprietor of M/s Ganga construction situated at Narenga. Jamshedpur on NH 33. It is contended that the construction of the aforesaid school and office building of the trust is almost complete and the school is being run by the said trust. On 4 -4 -2002, in the absence of the petitioner, the Labour Enforcement Officer cum Inspector conducted inspection of the site of the school building and thereafter served two notices upon the petitioner asking him to produce the papers and documents for inspection and further stating that during inspection 28 labours were found working to whom less payment of wages than the minimum wages fixed was paid and accordingly the petitioner was directed to make payment of the balance amount to the said labourers. The petitioner was said to have appeared before the Labour Enforcement Officer along with all the relevant documents and papers but nothing was done. Instead of making inspection of all the documents the Labour Enforcement Officer filed a petition before the Sub -Divisional Officer, Dalbhum, Jamshedpur by way of claim under S. 20(2) of the said Act which was registered as minimum wages case No. 1/2002. The Sub -Divisional Officer being the authority under the said act passed final order on 30 -6 -2002 directing the petitioner to deposit the aforementioned difference of wages and compensation.

(3.) I have heard Mr. Binod Poddar, learned counsel for the petitioner and Mr. Azimuddin, learned JC to GP 1.