Defence Estates Officer vs Judge, Ind. Tribunal And Labour ...
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 509/2014

Defence Estates Officer

----Petitioner Versus Judge, Ind. Tribunal And Labour Cour and Anr.

----Respondents

For Petitioner(s) : Mr. Mukesh Rajpurohit, Dy. S.G.

                               assisted by Mr. Prakash Raika
For Respondent(s)        :     Mr. Aalok Dobhal



                    JUSTICE DINESH MEHTA

                                    Order

17/05/2023

(I.A. No.01/2019):-

1. The application has been preferred by the respondent No.2-

employee inter alia seeking direction to the petitioner-Union of

India to pay appropriate wages/salary to him.

2. Learned counsel for the respondents submitted that a co-

ordinate bench of this Court has allowed respondent's application

under Section 17-B of the Industrial Disputes Act, 1949 (herein

after referred to as the "I.D. Act) vide order dated 12.04.2014 and

directed the petitioner employer to pay "salary last drawn" by the

respondent-workman.

3. He contended that in the guise of the expression 'salary last

drawn' used in Section 17-B and in the order dated 12.04.2014,

the petitioner is paying only a sum of Rs.2062/- to the respondent

in utter disregard to the mandate of law particularly the Minimum

Wages Act.

(2 of 3) [CW-509/2014]

4. Mr. Aalok Dobhal, learned counsel relied upon the following

judgments in support of his stand:-

a) Workmen Employed Under IT Shramik Sena Vs. M/s.

Raptakos Brett and Co. Ltd. reported in AIR 2008 SCW

2273.

b) The Municipal Board, Sri Karanpur Vs. Pyare Lal & Anr.

reported in 2012 WLC (Raj.) UC 370.

c) Tehsildar, Kathoomer & Ors. Vs. Judge, Labour Court &

Ors. (S.B. Civil Writ Petition No.2856/2005)

5. Mr. Mukesh Rajpurohit, learned Deputy Solicitor General, on

the other hand argued that the provisions of Section 17-B of I.D.

Act so also the order dated 12.04.2014 in unequivocal terms

refers to 'salary last drawn' and the petitioner has made due

compliance thereof.

6. He added that what has not been provided in the order dated

12.04.2014 cannot be read into and hence, no direction as

claimed by the respondent-employee can be issued.

7. Heard learned counsel for the parties and perused the

relevant material including the judgments cited before this Court.

8. True it is, that the language used in Section 17-B of the I.D.

Act so also in the order dated 12.04.2014 talks of "the wages/

salary last drawn", but such expression cannot be construed to

mean that the petitioner would continue to pay the wages last

drawn by the employee until disposal of the present writ petition.

9. It is to be noted that, the decision of the writ petitions

against the award of Labour Courts may take sufficiently long time

on account of large pendency of the cases before the higher courts

and if the stand which the petitioner has taken is countenanced,

(3 of 3) [CW-509/2014]

it would be a travesty of justice. An employee would be forced to

work at a meagre amount and the same would be violative of

Article 23 of the Constitution of India.

10. In the face of mandate of law, more particularly provisions

given in the Minimum Wages Act, the employer cannot curtail or

restrict an employee's right in the manner resorted to.

11. Aforesaid view of this Court is duly supported by the

judgment cited by learned counsel for the respondent-employee.

12. The application is, therefore, allowed.

13. The petitioner is directed to pay to the respondent employee

wages/salary as per the applicable wages/salary of the post held

by the respondent-employee according to the notification issued

under the Minimum Wages Act.

14. The petitioner shall commence payment to the respondent-

employee as per the applicable notification with effect from

1.07.2023 (for the period 01.06.2023 to 30.06.2023) and shall

continue to pay the same on or before seventh day of each month

and in case of any amendment/modification in the notification, the

respondent's salary shall be increased appropriately.

15. The arrears or the difference between the applicable

minimum wages and the amount which has already been paid to

the respondent-employee from the date of filing application under

Section 17-B of the Act of 1947 (24.02.2014) till 31.05.2023 shall

be calculated and paid to the respondent-employee latest by

31.12.2023.

(DINESH MEHTA),J 14-KashishS/-

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