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1956 Supreme(Raj) 160

WANCHOO, DAVE
N. K. Jain – Appellant
Versus
Labour Commissioner, Rajasthan – Respondent


Advocates Appeared:
Yashwant Singh and Kisturmal, for applicant; L.N. Chhangaci, Government Advocate

Wanchoo, C.J.—This is an application by N. K. Jain and others on behalf of M/s. Duduwala & Go , Bhilwara (hereinafter called the applicant) under Art. 226 of the Constitution against the Labour Commissioner, Rajasthan and others, and arises in the following circumstances.

2. Messers Duduwala & Co., Bhilwara, carry on mica mining, and manufacture and sale of mica. One of the mines exploited by it is Toonka mine, and naturally workers are employed in this mine. The Labour Inspector, after inspecting the mines, made an application under sec. 20 (2) of the Minimum Wages Act (No. XI) of 1948 (hereinafter called the Act) before the Labour Commissioner in June, 1954. In that application, it was urged that the applicant had not paid wages for Sundays to the workers, and had therefore contravened sec 13 of the Act, read with rule 23 of the Minimum Wages (Central Rules, 1950 (hereinafter called the Rules). The Labour Inspector prayed that the applicant be directed to make payment of the wages which had not been paid to the workmen., and also to pay compensation. The Labour Inspector also prayed that sanction should be granted for prosecuting the applicant under sec. 22 of the Act. Notice was






















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