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SURAJ GOVINDARAJ
Kartikere Gram Panchayat Rep. By Its Secretary / Pdo – Appellant
Versus
K K Ramesh Raj Urs S/O Krishna Raj Urs – Respondent
ORDER :
1. The petitioner is before this Court seeking for the following reliefs :
2. To grant such other reliefs including the order for the cost which this Hon’ble court deems fit in the facts and circumstances of the case in the interest of justice and equity.”
2. The petitioner-Kartikere Gram Panchayat had appointed respondent No.1 as a ‘waterman’ on 28.2.1998. Respondent No.1, claiming that minimum wages have not been paid in terms of the notification issued by the Government of India dated 17.3.2006, filed a complaint with respondent No.2-Authority to make payment of the balance wage amount from 1.4.2007 to 31.3.2011 amounting to Rs.98,521/-.
3. Notice having been issued and counter statement having been filed. After hearing the parties, respondent No.2-Authorit
Point of Law : Section 33C(2) of The Industrial Disputes Act, 1947 reads as Recovery of money due from an employer.
when there is a payment of wages lesser than the minimum rate of wages payable for an employment, a claim can be raised under section 20(1) of the Act.
The Labour Court has jurisdiction to entertain wage claims under Section 33(C)(2) of the Industrial Disputes Act, and the Limitation Act does not apply such claims.
Point of Law : when a statute gives a right and provides a forum of adjudication of rights, remedy has to be sought only under the provisions of that Act and the performance of the rights has to be e....
The main legal point established in the judgment is that under Section 33(C)(2) of the ID Act, the Industrial Tribunal can adjudicate upon the entitlement of the workman to receive benefit in terms o....
The application for minimum wages was timely filed within six months of the last payment, and the employee was entitled to minimum wages as per the Government Resolution.
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