The Court held that condonation of delay under the Minimum Wages Act, 1948, must apply only to the time-barred period of a claim and directed the Authority to utilize the recovery mechanism under Section 20(5) through a jurisdictional Magistrate.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT THE RESPONDENT TO DISBURSE THE AMOUNT OF MINIMUM WAGES AS PER ORDER DATED 09/10/2023 PASSED BY THE R5 VIDE ANN-J, WITH INTEREST AT 10 PERCENT PER ANNUM FOR THE DELAYED PERIOD FROM THE DATE OF THE ORDER TILL PAYMENT AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL ORDER

1. This petition is filed seeking writ of mandamus to direct the respondents to disburse the minimum wages determined as per the order dated 09.10.2023 by respondent No.5. The petitioner claims 10% interest on the amount ordered to be paid.

2. The second prayer is to issue writ of mandamus to respondent No.5 to initiate action to recover the amount ordered as provided under Section 20(5) of the Minimum Wages Act, 1948 (for short 'Act of 1948').

3. The third prayer is to modify the order dated 09.10.2023 and to grant minimum wages for the entire period commencing from 01.01.2017 to 31.12.2018. Admittedly, the application is filed in January 2019.

4. Learned counsel for the petitioner would submit that the proviso to Section 20(2) of the Act of 1948, the application for minimum wages will have to be submitted within 6 months from the date on which the minimum wages become payable. If it is not filed within 6 months, under the second proviso to Section 20(2) of the Act of 1948, the Authority can condone the delay beyond 6 months for the sufficient cause shown.

5. Learned counsel for the petitioner would further submit that the petitioner claimed the minimum wages from 01.01.2017 to 31.12.2018. Thus, it is his contention that the claim for payment of minimum wages from 01.07.2018 to 31.12.2018 is in time and the claim for minimum wages from 01.01.2017 to 30.06.2018 is beyond the prescribed period of limitation. An application is filed to condone the delay and the delay is condoned. However, the Authority has erroneously held that the delay is condoned for the period commencing from 01.07.2018 to 31.12.2018. Thus, it is his contention that, that part of the order has to be modified.

6. In addition, it is also urged that under Section 20(5) of the Act of 1948, in case the order is passed by the Authority other than a Magistrate, and in case the amount is not paid, the Authority has to make an application in this behalf before the Magistrate. And no steps are taken to recover the amount. Thus, he would urge that, the Authority which passed the order should be directed to take steps as contemplated under Section 20(5) of Act of 1948.

7. Learned Government Advocate would defend the impugned order and would contend that the Authority is justified in not condoning the delay from 01.01.2018 to 30.06.2018. In addition, it is also urged that the application has to be submitted before the Authority to take further steps on the subject under Section 20(2) of the Act of 1948 and without such application, the petition is not maintainable.

8. The Court has considered the contentions raised at the Bar and perused the records.

9. Under the Act of 1948, the person who is denied minimum wages, is entitled to make an application before the Competent Authority within six months from the due date and if there is delay bey