Managing Director (Who Is Wrongly ... vs Ashok Goswami President Security ...
2023 Latest Caselaw 7485 MP

Citation : 2023 Latest Caselaw 7485 MP
Judgement Date : 8 May, 2023

Madhya Pradesh High Court

Managing Director (Who Is Wrongly ... vs Ashok Goswami President Security ... on 8 May, 2023

Author: Anand Pathak

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                             MP No. 2532 of 2023
  (MANAGING DIRECTOR (WHO IS WRONGLY MADE PARTY) ACTUAL IS DIRECTOR AND OTHERS Vs
                    ASHOK GOSWAMI PRESIDENT SECURITY AGENCY)

Dated : 08-05-2023
      Shri Ravi Jain, learned counsel for the petitioners.

      Heard on admission as well as on stay.
      Petitioners are aggrieved by the order dated 03-01-2020 (Annexure P-1)
passed by the Assistant Labour Commissioner Gwalior Division, Gwalior as
competent authority under the Minimum Wages Act, 1948 (for brevity "Act,

1948") whereby application preferred by the Union of Security Agency
Employees/ respondent was allowed and security agencies were found to be

under the ambit of the Act, 1948 and awarded Rs.87,940/- as over-time payment to the employees with ten times penalty which according to the petitioners is illegal because security agencies do not fall under the ambit of the provision of Act, 1948. It is the submission of learned counsel for the petitioners that the impugned order has been passed ex-parte without affording opportunity of hearing to petitioners during Covid-19 pandemic situation. He referred Schedule under Section 2(g) and Section 27 of the Act, 1948. He also

placed reliance upon the judgment of the Hon'ble Apex Court in the case of Lingegowd Detective and Security Chambers Pvt. Ltd. and Mysore Kirloskar Ltd. and Others reported in (2006) 5 SCC 180. He also referred the fact that recently execution proceedings have been started vide order dated 08- 09-2022 (Annexure P-4).

Issue notice to the respondent on payment of process fee through RAD mode within seven working days, failing which this Misc. Petition shall stand dismissed without further reference to the Court. Notice be made returnable

within four weeks.

As an interim measure, till next date of hearing, effect and operation of the impugned order dated 03-01-2020 (Annexure P-1) and execution proceedings dated 08-09-2022 (Annexure P-4) shall remain stayed.

Certified copy as per rules.

(ANAND PATHAK) JUDGE