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2007 Supreme(Mad) 3208

M.CHOCKALINGAM
The Management, Saveetha Dental College and Hospitals – Appellant
Versus
Deputy Commissioner of Labour, (Authority under the Payment of Minimum Wages Act & Others – Respondent


Advocates:
For the Petitioner:M. Vijay Narayanan, Advocate. For the Respondents:R1 Girish Neelakandan, Govt. Advocate, R2 – R124 S.T. Varadarajulu, Advocate.

Judgment :-

Challenge is made to an order passed by the first respondent in M.W.I.A. No.63 of 2004 dated 6. 2005, whereby the delay occasioned in filing petition by the respondent-union claiming minimum wages under the provisions of the Minimum Wages Act, 1948 is condoned.

2. The Court heard the learned counsel appearing on either side and also looked into the materials available on record.

3. Concededly, 124 employees filed an application before the first respondent, whereby they sought for fixation of minimum wages by the writ petitioner-Management. The period for which they sought for minimum wages was from January, 1999 to December, 2004. While they filed the application, there was a delay of approximately six years. Hence, while they filed application for payment of minimum wages, an application to condone the delay was also filed. The same was countered by the writ petitioner herein. The first respondent has condoned the delay by allowing the application, which is the subject matter of this writ petition.

4. In support of the writ petition, learned counsel would submit that when respondents 2 to 124 filed their application for payment of minimum wages under the provisions o




























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