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2024 Supreme(Mad) 782

S. M. SUBRAMANIAM, K. RAJASEKAR
Food Corporation of India, rep. by its Managing Director, New Delhi – Appellant
Versus
Assistant Labour Commissioner, Ministry of Labour & Employment, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Appellants :C.K. Chandrasekar, Advocate.
For the Respondents:P. Ebenezer Paul, Advocate.

JUDGMENT :

S.M. Subramaniam, J.

(Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 17.08.2023 passed in W.P.No.9800 of 2023.)

1. Present Intra-Court appeal has been instituted against the order dated 17.08.2023 passed in W.P.No.9800 of 2023.

2. The Food Corporation of India, represented by its Managing Director/ respondent in the writ proceedings is an appellant before us.

3. Mr.C.K.Chandrasekar, learned counsel appearing on behalf of the appellants would mainly contend that excess wages were paid to the workmen over and above the minimum wages, as contemplated under the Act. The workmen has given an undertaking to repay the excess amount, if any identified. Thus, the Management has initiated action to recover the excess wages paid to the workmen.

4. The learned counsel appearing on behalf of the respondent Union, Mr.P.Ebenezer Paul would oppose by stating that no such excess wages were paid to the members of the Union, who all are workmen. The wages were paid in accordance with the provisions of the Minimum Wages Act, 1948 and the calculations made by the Management is erroneous and not in accordance with the provisions of the Act. Initially, the respond

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