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MAUNA M. BHATT
Surendranagar-Dudhrej-Vadhwan Municipality – Appellant
Versus
Rekhaben Kanaiyalal Raval – Respondent
JUDGMENT :
1. Municipality as petitioner has filed this petition challenging order of Labour Court, Surendranagar dated 17.06.2023, in Minimum Wages Application No.2 of 2022 whereby, Labour Court directed the petitioner-Municipality to make payment of salary to respondent-employee from 01.08.2014 to 30.04.2020 under the provisions of the Minimum Wages Act. It is also held that the amount already paid to respondent-employee shall be deducted from the total amount as directed under order dated 17.06.2023. Cost of Rs.1,000/-was also awarded.
2. Notice in this case was issued on 28.11.2023 and ad-interim relief in terms of Para-17(C) of the petition was granted till the next date of hearing.
3. Considering the issue involved and with the consent of learned advocates for the respective parties, the present petition is taken up for final disposal today.
4. Brief facts, referred in the petition, are as under:
The petitioner is a Municipality duly constituted under the provisions of the Gujarat Municipalities Act, 1963. It was case of the respondent-employee that she had worked with the Municipality for more than four hours and less than six hours a day and therefore, she would be entitled for
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 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 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 Minimum Wages Act requires a clear showing of sufficient cause for condoning delays in wage claims, and the authority must apply legal standards rigorously rather than grant concessions based on ....
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.
Point of Law : Section 33C(2) of The Industrial Disputes Act, 1947 reads as Recovery of money due from an employer.
The main legal point established in the judgment is that the employer is obligated to pay the minimum wages at the revised rate, as it would partially reduce the impact of the increase in the cost of....
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....
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