The remedy provided under the Minimum Wages Act is effective and should be utilized before seeking judicial intervention.

1. This writ petition in the nature of public interest litigation has been filed in effect and substance for a direction upon the respondents to pay wages at the rate fixed as minimum wage viz. Rs. 73/-per

day to the labourers employed under the National Rural Employment Guarantee Schemes as provided in Section 6(2) of the National Rural Employment Guarantee Act, 2005 (hereinafter referred to as NREG Act) read with Section 3 of the Minimum Wages Act, 1948 in the districts of Banswara, Dungarpur, Jhalawar, Karoli, Sirohi and Udaipur.

2. Sub-section (1) of Section 6 of the NREG Act provides that notwithstanding anything contained in the Minimum Wages Act, 1948, the Central Government may, by notification, specify the wage rate for the purpose of that Act. In terms of the proviso, the wage rate specified under such notification shall not be at a rate less than sixty rupees per day. Under Sub-section (2), until such time as a wage rate is fixed by the Central Government in respect of any area in a State, the minimum wage fixed by the State Government under Section 3 of the Minimum Wages Act, 1948 for agricultural labourers shall be considered as the wage rate applicable to that area.

3. The case of the petitioner is that the Central Government has so far not fixed the wage rate as provided under Section 6(1), and therefore, in terms of Section 6(2), the minimum rate fixed by the State Government under Section 3 of the Minimum Wages Act, i.e., Rs. 73 per day is the rate at which wages are to be paid to the labourers employed in the execution of schemes under the NREG Act.

4. It may be stated at this stage that petitioner is a member of the Rajasthan Legislative Assembly (MLA) and he claims to have brought instances of under-payment of wages to the labourers in the aforesaid districts to the notice of the State Government and also participated in hunger strike dharna etc. in respect of the grievance as peoples representative.

5. We do not doubt the locus standi or bona fide of the petitioner, but we have grave doubts if any roving enquiry can be made into the allegation of under-payment of wages to the labourers employed under different NREG schemes in the districts at large. Needless to say that the question as to whether labourers, and which of them, are being paid less than the wage fixed by the state Government and if so, the extent of under-payment, cannot be decided without taking evidence. On the other hand, we are satisfied that the Minimum Wages Act provides a complete machinery under which the relief can be claimed and granted to the concerned labourers.

6. Section 19 of the Minimum Wages Act provides for appointment of Inspectors by the appropriate Government having power to enter any premises or place where employees are employed or work is given out to out-workers in any scheduled employment in respect of which minimum rates of wages have been fixed under the Act, for the purpose of examining any register, record of wages or notices required to be kept or exhibited by or under the Act or rules made thereunder; to examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is an employee employed therein or an employee to whom work is given out therein. The Inspector also may require any person given out work and any out-workers, to give any information which is in his power to give, with respect to the names and addresses of the persons to, for and from whom the work is given out or received, and with respect to the payments to be made for the work. Further, the Inspector can seize or take copies of such register, record of wages, etc. which he may consider relevant.

7. Section 20 of the Act provides for adjudication of claims in respect of under payment of wages. Sub-section (1) lays down the manner of appointment of the Labour Commissioner or the Authority, as the case may be, by the appropriate Government to hear and decide for any specified area claims arising