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DELHI HIGH COURT
JYOTI SINGH
JKumar - CRTV JV, Mumbai – Appellant
Versus
Regional Labour Commissioner, New Delhi – Respondent
| Table of Content |
|---|
| 1. background of the case under minimum wages act (Para 1 , 2 , 3 , 4 , 5) |
| 2. argued petitions regarding limitation and evidence production (Para 6 , 10 , 11 , 15 , 16) |
| 3. court's scrutiny on authority's decision-making process (Para 9 , 17 , 19 , 20) |
| 4. court's findings on delay condonation and remand (Para 18 , 21 , 22) |
| 5. final directions and conclusions (Para 23 , 24 , 25) |
JUDGMENT
Hearing has been conducted through Video Conferencing.
Jyoti Singh, J. (Oral)--Present petition has been filed seeking a writ of Certiorari quashing the impugned order dated 26.02.2021 passed by Respondent No.1 and in the alternative, a writ or a direction to Respondent No.1 to provide adequate opportunity of hearing to the Petitioner, after remanding the matter, for consideration afresh.
2. Petition arises out of an order passed by the Competent Authority under the MINIMUM WAGES ACT , 1948 (hereinafter referred to as `the Act') and Regional Labour Commissioner (Central), New Delhi (hereinafter referred to as `the Authority').
3. As per the case set out in the petition, Petitioner is a Company engaged in the business of construction projects for various entities and in the course of its
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 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 '....
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 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.
Inordinate delay in filing claims impedes equity and requires reasonable justification, which was not established in this case.
Point of Law : Section 33C(2) of The Industrial Disputes Act, 1947 reads as Recovery of money due from an employer.
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