Heard learned counsel for the petitioner.

2. No one appears on behalf of the respondents despite service of notice.

3. By way of the present writ petition, the petitioner has prayed for quashing the order dated 15.05.2001 passed by the respondent No.1 in Application No. M. W. Claim (71/90) [Annexure-5 to the writ petition] whereby, the claim application filed under Section 20(2) of the Minimum Wages Act, 1948 was allowed and the petitioner was directed to make payment of Rs.1,19,527.17/- (less payment + compensation) to all the workers whose details were given in the claim application.

4. The factual matrix of the case is that the petitioner is a Government of Bihar undertaking and during the relevant period, it had number of mines of different types of minerals situated both in the State of Bihar and Jharkhand. The Government of India through Ministry of Labour, issues notification under the Minimum Wages Act, 1948 from time to time. By a notification No. S.O.960(E)/967(E) dated 25.10.1988, the Central Government revised minimum rates of wages payable to various categories of employees employed in different mines. In the Schedule to the said notification, four categories of work were classified with the following rates of minimum wages :-

A copy of the said notification was circulated by the Assistant Labour Commissioner (C) vide his letter dated 07.12.1988. The respondent No.2 claiming himself to be the Inspector under Section 19(1) of the Minimum Wages Act, 1948 filed a claim under Section 20 of the Minimum Wages Act, 1948 before the respondent No.1 on 23.03.1990 in relation to 10 workmen employed in the Magnetite mine of M/s B.S.M.D.C Ltd. (the petitioner) in the district of Palamau claiming less payment of the wages to the workers amounting to Rs.21,723.86/- and Rs. 18,118.53/- totalling Rs.39,842.39/- apart from compensation of Rs. 3,98,423.90/-. Along with the claim application, a chart was enclosed showing that the said persons were being paid wages at the rate of Rs.15.30/- in respect of daily rated mazdoor, guard, compressor operator, peon, messenger, tractor driver, helper etc. The aforesaid amount was for the period from 01.01.1989 to 21.04.1989. Moreover, for the period from 22.04.1989 to 31.08.1989, the same was at the rate of Rs.19.05/- in respect of all persons except Rs.23.75/- for D.R.M Compressor Operator.

5. Mr. A.K. Mehta, learned counsel for the petitioner submits that from perusal of the notification dated 25.10.1988, it would be evident that the rates prescribed in the notification were being actually paid. The applicant, however, claimed minimum rate of wages much higher than the rate prescribed in the notification and there was no basis for claim on the said rates, as all the persons working under the said category were being paid uniformly. After filing of the claim application, notices were issued to the petitioner for filing show cause. On 21.12.1992, a show cause was filed by the Management of the petitioner contending therein that all the workers are being paid minimum wages in terms with the notification. In support of its contention, wage sheet-cum-Muster roll were produced for consideration. Four workmen out of ten on 20.02.1993, submitted to the Mines Manager that they are being paid wages as prescribed under the Minimum Wages notification of the Central Government. Although the pleadings were complete as far back as in the year 1992 itself, the matter remained pending for almost 9 years and there was no progress in the proceedings.

6. It is further submitted by the learned counsel