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1968 Supreme(Bom) 78

D.V.PATEL, J.L.NAIN
Union of India owning and representating the Central Railway Administration and Anr. – Appellant
Versus
Authority under the Minimum Wages Act, 1948 for Neral Area and Civil Judge Junior Division Karjat. – Respondent


JUDGMENT - Nain, J.

1. This is a petition under Articles 226 and 227 of the Constitution of India filed by the Union of India as representing the Central Railway Administration for writs of certiorari and prohibition, praying for quashing of two orders made by the Respondent No. 1 the Authority under the Minimum Wages Act, 1948, for Neral area. The said authority is also the Civil Judge, Junior Division, at Karjat in Kolaba District. The respondents Nos. 2 to 201 are alleged to have been employed with the Central Railway Administration during the period from 1st April 1952 to 31st December 1963 on construction and maintenance of railway tracks.

2. The facts leading to this petition briefly stated are that the respondents Nos. 2 to 201 filed against the petitioners on 24th January 1964 an application before the respondent No. 1, being Application No. 1 of 1964, for recovery of wages alleged to be due to the said respondents being the difference between the minimum wages fixed by the Central Government under the Minimum Wages Act, 11 of 1948 and the wages alleged to have been paid to them. They also claimed overtime wages alleging that the Minimum Wages Act, 1948 prescribed work for 8















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