Smt. Archana Jindal and Others vs Authority Minimum Wages and Others

Sibghat Ullah Khan, J.—Petitioners were not even paying minimum wages to its employee. Accordingly, proceedings were initiated and through order dated 12.2.1997, Prescribed Authority under Minimum Wages Act, 1948, Saharanpur/Assistant Labour Commissioner, U.P. Saharanpur directed payment of Rs. 17078/- as the difference between the minimum wages and the wages which had been paid to four employees i.e. Nathi Ram, Satyaveer, Rishipal and Ashok Kumar. Ten times damages amounting to Rs. 170780/- were also directed to be paid. The said order was passed in Case No. MWA-200 of 1996 on 12.2.1997. Thereafter, restoration application was filed which was rejected on 27.12.1997. Both these orders have been challenged through this writ petition. Learned Counsel for the petitioner tried to argue some technical points, however when employer does not pay even minimum wages, writ petition cannot be allowed on ultra-technical grounds. However, in the impugned order no reason has been given for directing payment of ten times damages. Learned Counsel for the petitioner has agreed that in case damages are waived, he will have no objection to payment of the basic claim, 50% of which has already been deposited under interim order dated 21.4.1998 passed in this writ petition.

Accordingly, impugned order is affirmed in respect of basic amount, difference in wages, however it is set aside in respect of ten times damages. Writ petition is disposed of with the above observations.