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2006 Supreme(All) 1640

S.N.SRIVASTAVA
SHREE SATYA NARAIN TULSI MANAS MANDIR, VARANASI – Appellant
Versus
WORKMENS COMPENSATION COMMISSIONER/AUTHORITY UNDER MINIMUM WAGES ACT, 1948, VARANASI/ADDL. LABOUR COMMISSIONER, VARANASI – Respondent


Advocates:
Counsel :
N.B. Saxena and M.B. Saxena for the Petitioner; V.K. Shukla, B.N. Singh, S.C. Rai, K.C. Sinha, A.C. Aggrawal, Ashok Nigam, Adish Agrawal, Sanjay Goswami, S.K. Maurya, Dr. R.G. Padia, P. Padia and C.S.C., for the Respondents.

JUDGMENT

Hon’ble S.N. Srivastava, J.—The proceedings under the Minimum Wages Act, 1948 were initiated against the petitioner on the basis of the notice dated 8.8.1995 and 21.11.1995 (Annexures-1 and 2 to the writ petition). The notice dated 8.8.1995 were also mentioned in the said notice. On the basis of this notice M.W. Case No. 237/95 (Sri R.P. Srivastava, Labour Enforcement Officer, Varanasi v. Shree Satya Narain Tulsi Manas Mandir) was registered before the respondent No. 1 under the Minimum Wages Act and the respondent No. 1 issued notice to the petitioner fixing 28.11.1995 and directing the petitioner to appear along with all documents and witnesses in support of his case. Notice (Annexure 1) to the writ petition makes it clear that all 29 workers in Shree Satya Narain Tulsi Manas Mandir Durga Kund Varanasi are getting fixed amount of Rs. 450/- to 650/- per month except persons mentioned at Serial Nos. 17 and 18, who are being paid a fixed amount of Rs. 1050/- per month.

2. After receiving the notice the petitioner filed objection/written statement (Annexure-4 to the petition) raising the question of jurisdiction and the applicability of the provisions of the Minimum Wages Ac











































































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