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Prerna Sahygo vs Authority under Minimum Wages and Others

Supreme Court Of India · Decided on 7 December 1998 · Citation: (2001) 9 SCC 247

HON’BLE JUDGES
S. Rajendra Babu, J · S. P. Bharucha, J · A. P. Misra, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No. 6223 of 1998 Arising out of SLP (C) No. 12671 of 1998
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Judgment

6 paragraphs · 305 words

S.P.BHARUCHA, J.-Leave granted.

2.

The notice that was issued to the respondent on the special leave petition was restricted to the compensation that was awarded.

3.

The Authority under the Minimum Wages Act found that the appellant had not paid minimum wages to the five workmen named in its order. Accordingly, it awarded them wages in the aggregate sum of Rs.11,550. The order recorded that the appellant "has also tried to falsify the Inspector who is also an applicant. The respondent proves that the respondent is adamant to pay less wages against the provisions of the Act". The Authority found ulterior motives in the appellant''s conduct and directed it to pay 8 times the wages awarded as compensation to the said workmen.

4.

In other words, a workman who had been awarded Rs. 2550 as wages was awarded Rs. 20,400 as compensation, and so on. The aggregate amount of the compensation awarded was Rs. 92,400.

5.

The appellant moved the High Court of Punjab and Haryana. The writ petition was dismissed, no interference, in the view of the High Court, being called for.

6.

We do not agree that no interference with the award of the authority was called for. It was called for in the matter of the compensation awarded. Rather than remitting the matter to the High Court, we have heard learned counsel. We are satisfied that the award of compensation is exorbitant. We think, in the circumstances, that the amount of the compensation should be equivalent to the amount of the wages. In other words, each of the workers shall get as compensation an amount equal to the amount of wages awarded to him. The order of the Authority dated December 30, 1997 shall stand modified to this extent only. The appeal is allowed to this extent. No order as to costs.