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JYOTI MULIMANI
Surrayya Parveen @ Annapoorna – Appellant
Versus
Labour Officer Cum – Respondent
ORDER
1. Sri.Javeed.S, learned counsel for petitioner, Sri.Raghuveer, learned counsel appearing on behalf of Smt.Ananya Y.V, for respondent-2, have appeared through video conferencing.
Sri.Shivananda D.S. learned AGA for respondent-1 has appeared in-person.
2. The brief facts of the case are stated as under:-
It is stated that the petitioner was working in M/s.R.S.Nursing Home from June 1994 as Aya till 02.03.2008 with due diligently, honestly and immaculately. But the respondents refused the service of the petitioner w.e.f. 02.03.2008 onwards.
It is averred that during the course of her employment, she was paid lesser wages than the minimum wages fixed to the category post of Aya. When queried, the Officials of Nursing Home used to give verbal assurance of payment. It is said that even after refusal of her employment, they went on giving false assurance but did not pay any amount.
Hence, petitioner filed a claim application before the Labour Commissioner cum Minimum Wages Enquiry Officer, in M.W.A.No.48/2008 with a prayer to direct the Nursing Home - the second respondent to pay the difference amount of Rs. 1,28,648.52/- (Rupees One Lakh Twenty Eight Thousand Six Hundred and Forty Eight
The law of limitation is not an equitable statute and is a statute of repose. The petitioner must act with utmost good faith and make a full disclosure of all relevant facts to explain the delay.
The main legal point established in the judgment is that while welfare legislation must be applied liberally, the Authority must satisfy itself with sufficient cause for condoning the delay, based on....
The authority under the Minimum Wages Act can condone delays in filing claim petitions if sufficient reasons, such as health issues, are demonstrated, emphasizing a liberal construction of the term '....
Claims under the Minimum Wages Act, 1948, must adhere to prescribed limitation periods; a failure to substantiate reasons for delay in filing requires that such claims be denied or remanded.
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.
The prescribed authority under the Payment of Wages Act has discretion to condone delay in filing petitions if sufficient cause is shown, emphasizing the importance of substantive justice over techni....
The starting point of limitation for an application under R. 34 (4) of the Rules framed under the Minimum Wages Act is the date of communication of the ex parte order to the affected party, rather th....
The claim for unpaid wages was barred by limitation, reinforcing the principle that courts must examine jurisdictional issues of limitation irrespective of whether they were raised by the parties.
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