P.C.PANDIT, I.D.DUA
Municipal Committee, Tarn Taran Through Executive Officer – Appellant
Versus
State Of Punjab Through The Secretary To The Government Labour Department – Respondent
P.C.Pandit, J.
1. This petition under Articles 226 and 227 of the Constitution has been filed by the Municipal Committee, Tarn Taran in District Amritsar, and is directed against the order dated 5-6-1964 passed by the Presiding Officer of the Industrial Tribunal, Punjab, Chandigarh, respondent No. 2, and the award given by him on 24-12-1964.
2. According to the allegations of the petitioner Committee, it has a large number of employees working under it and they had been allotted different duties. On 1-2-1960 the Punjab Government issued a notification fixing the minimum rate of wages of the employees of this committee, under Section 4 of the Minimum Wages Act, 1948 , with effect from 12-5-1960. No demand was, however, made by any of the employees seeking any increase in their wages, but the petitioner itself enforced the payment of wages in accordance with this notification, with effect from 1-6-1961. All the employees then started receiving payment at enhanced rates without any objection or protest. On 20-12-1963, for the first time, the Municipal Lower Grade Employees Union, respondent No. 3. got a reference made from the State of Punjab under Section 10(1)(d) of the Indu
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