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MANOJ BAJAJ
Pappu Ram – Appellant
Versus
Authority under the Minimum Wages Act, Circle Sirsa – Respondent
| Table of Content |
|---|
| 1. claim for unpaid wages under minimum wages act (Para 1 , 2) |
| 2. denial of employer-employee relationship by the respondent (Para 3 , 5) |
| 3. analysis shows unsustainable findings by authority (Para 4 , 6 , 7) |
| 4. petition allowed; order set aside (Para 8) |
JUDGMENT
Mr. Manoj Bajaj, J.
Petitioner-Pappu Ram has preferred this writ petition under Article 226 Constitution of India for issuance of a writ in the nature of Certiorari to challenge the impugned order dated 25.04.2012 (Annexure P-2) passed by the statutory authority under the Minimum Wages Act-respondent No.1, whereby claim raised by respondents against payment of less wages was accepted.
2. The facts in brief leading to the petition are that Bansi Lal and Niku Ram (respondent Nos.2 and 3, respectively) brought the claim petition against Pappu Ram under the Minimum Wages Act, 1948 on the ground that they were engaged by the employer for preparing bricks and driving tractors. As per the averments, they were to be paid Rs.56/- per thousand bricks and labourer-Bansi Lal also used to drive the tractor in addition to his work, who was promised a monthly salary of Rs.2,500/-. They worked to manufacture 11,50,000 bricks and
Point of Law : Section 33C(2) of The Industrial Disputes Act, 1947 reads as Recovery of money due from an employer.
Point of Law : when a statute gives a right and provides a forum of adjudication of rights, remedy has to be sought only under the provisions of that Act and the performance of the rights has to be e....
The Labour Court under the Minimum Wages Act lacks jurisdiction to adjudicate wage claims for workers not directly employed by the petitioners, as established in prior case law.
when there is a payment of wages lesser than the minimum rate of wages payable for an employment, a claim can be raised under section 20(1) of the Act.
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