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2004 Supreme(Jhk) 571

AMARESHWAR SAHAY, P.K.BALASUBRAMANYAN
STATE OF JHARKHAND THRO DEPARTMENT OF LABOUR EMPLOYMENT and TRAINING, RANCHI – Appellant
Versus
NIRMAL SINGH – Respondent


Advocates Appeared:
BINOD PODDAR, Biren Poddar, N.Thakur, P.MODI

Judgment :

P. K. BALASUBRAMANYAN, CJ.

( 1 ) THE respondents in WP (C) No. 3309 of 2002 on the file of this Court are the appellants in this appeal. They challenge the decision of the learned single Judge holding that the authority under the Minimum Wages Act, 1948 had no jurisdiction to entertain an application under Section 20 (2) of the Act and direct the payment of the difference in the wages paid and the minimum wages fixed. The proceeding under the Act was launched on a complaint by the Inspector under the Act stating that the employer had paid to the employees wages below the minimum wages fixed under the statute. The learned single Judge held that the question of jurisdiction or the lack of it on the authority under the Minimum Wages Act stood concluded by the decision of the Supreme Court in Town Municipal Council, Athani v. Presiding Officer, Labour Court, Hubli AIR 1969 SC 1335 : 1969 (1) SCC 873 : 1969-II-LLJ-651, and the subsequent decision following it, in Manganese Ore (India) Ltd. v. Chandi Lal Saha AIR 1991 SC 520: 1991 Supp (2) SCC 465. The learned single Judge hence quashed the proceedings including the final order passed by the authority under the Act on the grou























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