The Karnataka High Court allowed a writ petition filed under Article 226 of the Constitution of India, seeking certain reliefs, calling into question the order dated 14.08.2018 passed by the Deputy Labour Commissioner is called into question in this Writ Petition on several grounds. The Court observed that as per the proviso to Section 20(2) of the Minimum Wages Act, the Claimant/s ought to have presented the application within six months from the date on which the minimum wages or other amounts became payable.
Brief Facts:
The principal ground on which this Court is asked to quash the impugned order is that there is an inordinate delay in filing the application claiming a difference in minimum wages. The Labour Inspector, Sagara filed an application on behalf of certain employees under Section 20(2) of the Minimum Wages Act in the year 2016-17 claiming a difference in minimum wages from the year 2013-14. They argued by saying that there was an inordinate delay in filing the application. Hence, the Authority ought to have rejected the claim on the ground of delay itself.
The Court noted that the Minimum Wages Act, 1948 provides effective legal remedies for employees whose minimum wage rights have not been respected so that they can recover the unpaid amounts owed to them. Proviso to Section 20(2) of the Minimum Wages Act provides that the application shall be presented within six months from the date on which the minimum wages or other amounts became payable. It also provides that any application may be admitted after the said period of six months when the applicant satisfies the Authority that he had sufficient cause for not making the application within such period.
The Court observed that the Labour Inspector filed an application on behalf of certain employees alleging that they had been denied the minimum wages from the year 2013-14. However, he moved an application claiming a difference in minimum wages in the year 2016-17. As per the proviso to Section 20(2) of the Minimum Wages Act, the Claimant/s ought to have presented the application within six months from the date on which the minimum wages or other amounts became payable. But the Labour Inspector, Sagara filed an application claiming a difference in minimum wages in the year 2016-17. There was a delay in filing the application. Furthermore, the claim application was not accompanied by an application for condonation of delay.
The Court said that the first respondent failed to have regard to relevant consideration and disregarded relevant matters, in particular about non-filing of delay application. He went ahead and passed the order on merits, which is totally unsustainable in law.
The decision of the Court:
The Karnataka High Court, allowing the petition, held that the order dated 14.08.2018 passed by the Deputy Labour Commissioner is quashed.
Case Title: M/S Ex-Serviceman Industrial Security Service and Detective Agency v The Deputy Labour Commissioner
Coram: Hon’ble Justice Jyoti Mulimani
Case no.: WRIT PETITION NO.2453 OF 2019 (L-MW)
Advocate for the Petitioner: Mr. K. Chandrashekar
Advocate for the Respondents: Ms. V. Spoorthi
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