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.

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 payment of wages under the provisions of the Minimum Wages Act, 1948 (“the Act” for short).

Further, pursuant to the decision in Writ Petition (PIL) No.244 of 2014, there was revision in the Minimum Wages paid to part-time employees under Government Resolution dated 06.09.2014. Under the said Government Resolution, the workmen, who were working for more than four hours and less than six hours, were to be paid Rs.220/- per day. The Government Resolution also refers to other additional allowances to be paid to the employees. The petitioner therefore made an application seeking Wages under the provisions of Minimum Wages Act. The said application was decided by an order dated 17.06.2023 directing the petitioner to make payment from 01.08.2014 to 30.04.2020 under the provisions of the Minimum Wages Act. It was also directed that the amount paid earlier shall be deducted. Aggrieved by the order dated 17.06.2023, the present petition is filed.

5. Heard Mr.Premal Joshi, learned advocate for the petitioner-Municipality and Mr.C.N.Jani, learned advocate for respondent-employee.

6. Mr.Premal Joshi, learned advocate for the petitioner submitted that the order dated 17.06.2023 is erroneous on the following grounds:

6.1 Under Sub-section (2) of section 20 of the Minimum Wages Act,1948, (‘the Act’ for short), an application seeking minimum Wages is to be filed within a period of six months from the date of claim. First proviso to the said section refers that if an application is not made within a period of six months from the date on which the minimum wages or other amount become payable, an application seeking condonation of delay shall have to be filed before the authority with sufficient cause, and authority is to decide such application. Upon such application, if the authority is of the opinion that sufficient cause is made out than only belated application beyond six months shall be entertained. In this case, the respondent-employee made Application No.2 of 2022 on 30.09.2022, claiming minimum wages for the period 01.08.2014 to 30.04.2020. Since the application was filed without seeking condonation of delay, the application itself is not maintainable and the authority ought to have rejected the same on the ground of limitation. Even, no justification was provided before the authority for delay.

6.2 On the aspect of delay, Learned Advocate relied upon following decisions to submit that when the application was filed without an application seeking condonation of delay, the application itself is not maintainable.

(i) Kalpeshbhai Natwarlal Patel vs. State of Gujarat & Anr. reported in 2009 (3) GLH 372;

(ii) Darabsha Sorabji vs. State of Gujarat & Ors. reported in 2005 (3) G.L.H. 436;

(iii) Digvijay Parbatsinh Rana vs. State of Gujarat & 7 in Special Civil Application No.