R.S.GRIWAL Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for quashing the order of the Authority under Minimum Wages Act, 1948 -cum -Regional Labour Commissioner (C), Patna passed in case No. M. W. Claim (62)/99, whereby the claim made under Section 20(2) of the Minimum Wages Act, 1948 (hereinafter referred to as the Act) by the concerned workmen has been allowed and the petitioner has been directed to pay the minimum wages, which comes to the tune of Rs. 3,00,441.00 with one time compensation totaling Rs. 6,00,882.00. The said claim case was initiated on the basis of the application filed by the Assistant Labour Commissioner (Central), Patna against the petitioner,

(2.) THE case is that the applicant inspected the establishment of the opposite party (writ petitioner) and found that the workers were paid less than the minimum rates of wages. The applicant calculated the said claim and found on inspection of the establishment that no record or register was being maintained by the establishment at the work site. He recorded the statement of the workers then engaged. On the basis of the statement of the workers engaged in the establishment, the applicant found that the management was not paying the minimum rates of wages as fixed by the Government for respective category of workmen. He also found that all the 51 workmen for whom claim application was filed were engaged by the management in their establishment. On the basis of the finding on inspection, interrogation and the statement of the workmen, a copy was submitted to the management and inspection report -cum -show cause notice was also given to them by registered post. However, the claim amount was not paid. The applicant thereafter filed the claim under Sub -section 3 of Section 20 of the Minimum Wages Act, 1948 . The petitioner was noticed by the concerned authority where they appeared and filed their objection stating, inter alia, that the workmen are the piece rated and they are being paid much more than minimum rates of wages. The payments were made in presence of the representative of the principal employer fortnightly. The wage slips are also given to the workers.

(3.) THE writ petitioner did not also attend the hearing, fixed on 15th November, 2000. The concerned authority considered the claim on the basis of the materials on record and concluded the case directing the opposite party to deposit the claim amount with one time compensation.