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2016 Supreme(All) 4

D. Y. CHANDRACHUD, YASHWANT VARMA
PRADESHIK COOPERATIVE DAIRY FEDERATION LTD. – Appellant
Versus
AUTHORITY UNDER MINIMUM WAGES ACT – Respondent


Advocates:
Counsel :
Jamal Ahmad Khan for the Appellant; C.S.C. for the Respondents.

JUDGMENT

By the Court.—This special appeal has arisen from a judgment of the learned Single Judge dated 5 November 2015 by which the writ petition that was filed by the appellant for challenging the orders passed by the Prescribed Authority under the Minimum Wages Act, 1948 (Act) has been dismissed.

2. The appellant is a unit of the Pradeshik Cooperative Dairy Federation Limited. A survey was conducted by the Labour Enforcement Officer under the Act. According to the appellant, it was observed during the course of the survey and in the inspection note prepared by the Labour Enforcement Officer that in the establishment of the appellant certain employees engaged by the contractor were working and that the contractor was paying wages lower than the minimum wages fixed by the State Government. The Labour Enforcement Officer filed a claim petition under Section 20(2) of the Act against the appellant which was registered as M.W. Case No. 442 of 2001. The appellant was made a party to the case as the principal employer. According to the appellant, it was only on 3 May 2015 when the Collection Amin visited the establishment on behalf of the Collector and demanded an amount of Rs. 27,00,156






















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