High CourtsSingle Bench

Tops Security Ltd. vs A.K. Agarwal, Authority Under Minimum Wages Act, 1948 and Others

Bombay High Court · Decided on 28 February 2011 · Citation: (2011) 130 FLR 374 : (2012) 1 LLJ 211 : (2012) LLR 265 : (2012) 3 SLJ 99

HON’BLE JUDGES
Nishita Mhatre, J
RESULT
Allowed
CASE NUMBER
C.A.J. Writ Petition No. 7174 of 2010 and W.P. No''s. 6630, 6631 and 6636 of 2010
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Judgment

7 paragraphs · 200 words

Nishita Mhatre, J.—In all these Petitions the orders challenged have been passed by the Regional Labour Commissioner (Central), Mumbai. By the orders, the Regional Labour Commissioner (Central), Mumbai, has found that minimum wages are payable to the Security Guards engaged by the Petitioners.

Mr. Shetty, the learned Advocate appearing for the Regional Labour Commissioner (Central), Mumbai and the Labour Enforcement Officer (Central), Mumbai and the Inspector under the Minimum Wages Act, 1948 concedes that the Central Government is not the Appropriate Government qua the Petitioners in these Writ Petitions and, therefore, the Regional Labour Commissioner (Central), Mumbai had no authority to pass the impugned orders.

2.

In view of the statement made by Mr. Shetty, the impugned orders are set aside.

3.

The Writ Petitions are allowed.

4.

No orders as to costs.

5.

However, it is made clear that in case the State Authorities under the Minimum Wages Act wish to take any action against the Petitioners, the setting aside of the orders passed by the Regional Labour Commissioner (Central), Mumbai will not in any way reflect on the merits of the cases.

6.

Any amounts deposited by the Petitioners in this Court shall be disbursed to them forthwith.