JUDGMENT :

Heard Mr. R.S. Mazumdar, learned senior counsel for the petitioners in all the cases, Mr. Mahesh Tewari, learned counsel for the respondent nos. 3 and 4 and Mr. Basav Chatterjee, learned counsel for the respondent no. 2-NTPC.

2. Since common questions of law and fact are involved in all these writ applications the same are being disposed of by this common order.

3. In W.P.(L) No. 5039 of 2010 the petitioner is aggrieved by the order dated 16/17.08.2010 passed by the Regional Labour Commissioner, Patna in Case No. MW Claim 47/10, by which the application preferred on behalf of the workmen under Section 20(3) of the Minimum Wages Act has been allowed exparte and the petitioner has been directed to deposit the claimed amount of Rs. 1,40,505.66 and an equivalent amount as one time compensation totaling an amount of Rs. 2,81,011.32.

4. In W.P.(L) No. 5080 of 2010 the petitioner has challenged the order dated 16/17.08.2010 passed by the Regional Labour Commissioner, Patna in Case No. MW Claim 50/10 by which the application preferred on behalf of the workmen under Section 20(3) of the Minimum Wages Act has been allowed exparte and the petitioner has been directed to deposit the claimed amount of Rs. 1,79,905.78 and an equivalent amount as one time compensation totaling an amount of Rs. 3,59,811.56.

5. In W.P.(L) No. 5081 of 2010 the petitioner is aggrieved by the order dated 16/17.08.2010 passed by the Regional Labour Commissioner, Patna in Case No. MW Claim 51/10 by which the application preferred on behalf of the workmen under Section 20(3) of the Minimum Wages Act has been allowed exparte and the petitioner has been directed to deposit the claimed amount of Rs. 3,40,516.56 and an equivalent amount as one time compensation totaling an amount of Rs. 6,81,033.12.

6. In W.P.(L) No. 5099 of 2010 the petitioner is aggrieved by the order dated 16/17.08.2010 passed by the Regional Labour Commissioner, Patna in Case No. MW Claim 47/10 by which the application preferred on behalf of the workmen under Section 20(3) of the Minimum Wages Act has been allowed exparte and the petitioner has been directed to deposit the claimed amount of Rs. 2,71,736.08 and an equivalent amount as one time compensation totaling an amount of Rs. 5,43,472.16.

7. The factual aspects of the case reveal that the petitioners are partnership/proprietorship firms and it has been carrying out various contractual jobs under NTPC from time to time since last more than one decade and as per legal requirement had also taken Labour license from the Assistant Labour Commissioner, Govt. of Jharkhand, Sahibganj. It has been stated that NTPC is a premier power generation company of the country and its prime area of operation is generation of power. Amongst other places NTPC has a Thermal Power Station at Farakka which is known as Farakka Super Thermal Power Station.

8. A wage agreement was entered into on 18.03.1997 by the petitioners and the respondent-MGR Workers Union and as per the terms of the said agreement the payment of wages was to be made to the contract Laborers taking into account the minimum wages notified from time to time by the then Government of Bihar and later the Government of Jharkhand. The said practice continued till the same was replaced by a new agreement dated 29.12.2009 in which it was agreed upon that the wages notified by the Central Government or that notified by the State Government shall be paid whichever is higher. The petitioners claims that the Labour license obtained by the petitioners from the Assistant Labour Commissioner, Government of Jharkhand, Sahibganj continued to operate. In 2008 the petitioners were awarded the contract of MGR Track Maintenance by NTPC Limited, Farakka Super Thermal Power Station and the Labour license which were obtained by the petitioners earlier remained valid through out the period of contract awarded to it by NTPC. The petitioners have further referred to the conciliation proceedings held between the petitioners