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HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Rakesh Mohan Pandey, J
Managing Director Now Chief Executive Officer Bhilai Steel Plant Bhilai – Appellant
Versus
Ramesh S/o Ramlu – Respondent
Order :
(Rakesh Mohan Pandey, J.)
1) Since common questions of law and facts are involved in the present case, these writ petitions are clubbed together, heard together and finally decided by this common order.
2) The petitioners have challenged the orders impugned dated 15.12.2023 passed by the Authority under the Minimum Wages Act, Labour Court, Durg (CG) in Case Nos. 42/MW ACT/2017 CIVIL; 43/MW ACT/2017; 44/MW ACT/2017 CIVIL CIVIL; 45/MW ACT/2017 CIVIL; 46/MW ACT/2017 and 48/MW ACT/2017 CIVIL, whereby applications moved by the workmen under Section 20 of the Minimum Wages Act, 1948 were partly allowed by the said Court and the petitioners were directed to make a payment of difference amount of minimum wages from December, 2015 to June, 2017 within a period of 2 months.
3) Mr. P. R. Patankar, learned counsel appearing for the petitioners would submit that the private respondents of all writ petitions were never appointed by the petitioners. He would further submit that they were deployed by the Parents Teachers Association (for short, the Association) of respective schools on the post of Sweeper/cleaner on different dates. He would contend that the services of the private respondents
The Labour Court under the Minimum Wages Act lacks jurisdiction to adjudicate wage claims for workers not directly employed by the petitioners, as established in prior case law.
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....
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.
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