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2018 Supreme(P&H) 3452

SHEKHER DHAWAN
Aditya Cotton Factory – Appellant
Versus
Authority Under Minimum Wages Act, 1948, Sirsa, And Others – Respondent


Advocates Appeared:
Ravish Bansal, Adv., Dheeraj Narula, Adv.

JUDGMENT

Shekher Dhawan, J. - Present writ petition under Articles 226/227 of the Constitution of India is challenge to the orders dated 18.07.2014 (Annexure P/5) and 4.1.2012 (Annexure P/2) passed by respondent no.1 under the Minimum Wages Act, 1948 (for short, "the Act").

2. Facts relevant for the purpose of decision of this writ petition; that Jagtar Singh and six others, through Malook Singh Consultant Forest Department Mazdoor Union (for short, "the Union") had filed an application under Section 20 of the Act for payment of minimum wages to the applicants. As per the applicants, they were engaged for the welding works and were recruited as Welding Mistri. Their remuneration was fixed at Rs. 4,000/- per month. They had worked from 1.4.2008 to 30.09.2008. As per the applicants, they were paid less wages for the said period to the extent of Rs. 84,000/- and with compensation, the total amount comes to Rs. 8,40,000/-.

3. On notice, the petitioner-Management contested the application on the ground that there is no relationship of master and servant between the parties and they had not worked during the said period. More so, the Management is a seasonal factory which operates from Se

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