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1975 Supreme(Pat) 63

S.ALI AHMAD, NAGENDRA PRASAD SINGH
Labour Enforcement Officer – Appellant
Versus
Presiding Officer, Labour Court and authorities under the Minimum Wages Act, Patna – Respondent


Advocates appeared:
For the Petitioner: Mr. Ashwini Kumar Sinha, Standing Counsel for the Central Government.
For the Respondents: Messrs Sheoshanker Dayal and Ramji Sharan.

Judgment

Nagendra Prasad Singh, J.

This is an application under Articles 226 and 227 of the Constitution of India for quashing an order, dated the 28th October, 1972, passed by the presiding Officer, Labour Court, and an Authority under the Minimum Wages Act, Patna (hereinafter referred to as the, Presiding Officer'). By the impugned order, the respondent Presiding Officer has dismissed an application filed by the petitioner-Labour Enforcement Officer (Central) under subsection (2) of section 20 of the Minimum Wages Act, 1948 (hereinafter referred to as the 'Act').

2. According to the petitioner, he is an Inspector appointed under section 19 of the Act. On the 4th June, 1970, he inspected the site and office of respondent no. 2 Messrs A.S. Dhupia and Company (here in after referred to as the 'Company'). From the Attendance-cum-wages sheets it transpired that the workers employed by the respondent Company were paid at a rate less than the rate fixed by the appropriate Government in exercise of the powers under the Act. The petitioner also noticed certain other irregularities. A show cause notice was, accordingly, served on the respondent Company. The defects pointed out having not been























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