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DELHI HIGH COURT
JYOTI SINGH
JKumar - CRTV JV – Appellant
Versus
Regional Labour Commissioner – Respondent
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| Table of Content |
|---|
| 1. background of the case concerning wage complaints. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding the applicability of limitation under the act. (Para 6 , 10 , 11) |
| 3. court's observations on the authority's failure to justify condonation of delay. (Para 15 , 16 , 19 , 20) |
| 4. legal standards around condonation of delay under welfare legislation. (Para 18 , 21) |
| 5. conclusions and directions to the authority for fresh adjudication. (Para 22 , 23 , 24 , 25) |
JUDGMENT
Hearing has been conducted through Video Conferencing.
Jyoti Singh, J. (Oral)
CM No. 11480/2021 (Exemption)
Allowed, subject to all just exceptions.
Application is disposed of.
W.P.(C) 3807/2021 and CM No. 11479/2021
1. 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 (Cent
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.
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....
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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