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SHEEL NAGU, ANAND PATHAK
NATIONAL HEALTH MISSION – Appellant
Versus
RAMENDRA SINGH NARWARIYA – Respondent
ORDER ANAND PATHAK, J. – Regard being had to the similitude of controversy, all the writ appeals are heard and decided by this common order.
2. For convenience’s sake, facts as narrated in Writ Appeal No. 457/2020 are taken into consideration.
3. Instant writ appeal is preferred against the order dated 29-11-2019 passed by the learned Writ Court in M. P. No. 2677/2018 whereby petition preferred by the appellant as petitioner against the order dated 31-1-2018 passed by the Legal Authority under the Minimum Wages Act (Labour Court No. 1, Gwalior) has been dismissed.
4. Appellant/petitioner herein i.e. National Health Mission, is a body created for providing better health services and assistance to the State Authorities to outreach Medical Health Services in each and every part of the State. Under the aegis of appellant, various different programmes are being run through Public Private Partnership, particulars of which are given in the petition. These various programmes/schemes are being run with an agreement with respondent No. 2-Zigitsa Health Care Ltd. and it is the said entity which carries out the activities.
5. Respondent No. 1 is an employee of respondent No. 2 and at the relev
The central legal point established in the judgment is the determination of the employer-employee relationship under the Minimum Wages Act, 1948, and the liability for payment of wages and overtime.
Advocates appeared :For the Appellant : N. K. Gupta, Ravi Shankar Gupta, S. D. Bhadoriya For the Respondent : Sankalp Sharma, G. P. Chaurasiya
it is difficult to extend minimum time scale to the petitioners as they were not engaged by respondent Nos. 4 to 11 either on contract basis or outsourcing basis.
The court affirmed that natural justice principles apply even in contractual employment but can be flexible; proper opportunity must be given, but not always in the traditional sense.
Petitioners are entitled for minimum time scale of pay and they are bound to serve during regular office hours of an employee on par with regular employees of the same cadre. Therefore, the petitione....
Point of law: Labour Law – arrears of pay – Court need not advert to the submissions made on behalf of the management as the same would tantamount to adjudication of the controversy on merits.
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