The High Court · 2025

Counsel for the Appellants : SRI G.NARA'ANA (SC FOR SERVICE MATTERS oF GREATER HYDERABAD^MUNIcIiAi ciIHi,<jiiiroN (GHMC) & AGRICU LTURAL MARKET COMMITTEE counsel for the Respondent No. 1 : SRr pRABHAKAR BOMMAGANT The Court made the following JUDGMENT : - i i I i l T AND 1 JUDGMENT Ffuard Mr. G'Naralana' leamed Standing Counsel forservicemattersofGreaterH/erabadMtrnicipal C-oqporation (GF[vIg & furicultural Market Committee appearing for the appellant and Mr' Prabhakar Bommagani, leamed coursel appearing for respondent No.1 (hereinafter relerred as 'the petitioner)'

2. Respondent No'6 in Vrit Petition No'35784 of 2014, who is the Secretary of Marlseting Commitee' Huzumagar, Nalgonda Distr-ict' is the appellant herein (hereinafter referred as 'respondent No'5) ' \ 3 By ,h" imPugned order dated 14.10.2024, V.P.No.3578 4 of 2ol4,leamed uT it court' while refusing to entertain the petitioner's plea for regularization of his 2 seryices as Electrician, held that he is entitled ro v/ages applicable urder rhe Minimum rtrflages Acq 194g, for the period for which he rendered services as Electrician.

4. In the aforesaid writ petition, the petitioner had assailed the action of the respondents, in not allowing him to aftend to his dury as Electrician without any norice, and also in not regularizing his serr.ices on the ground that he had completed founeen pan of service from the dare of his engagement as srrch. petitioner had also sought for a direction to the rcspondents to pay the differential amounr of salary under the Minimum wages Ac' from the date of his aPPomtmeff.

5. Petitioner relied upon resolution dated 11.05.2003, of the ]vlarl<eting Committee by which his remuneration was enhanced fromRs.1000/- to Rs.1500/- and thereafteq there was no enhancement. According to the petitioner, ) j t ! I t t J I ! : t j ; I I I t I _i 3 as per norilication dated 24.11.201L, skilled workrnen in the categoryof electrician were entitled to minimumwages of Rs.350/- Wr day, which comes to Rs.9,11.3/- per month and as he discharged his services as Electrician for eight houn per day,he was entitled for minimum wages.

6. The stand of the petitioner was contested by respondent No.6-Marketing Committee.

7. Leamed u,rit court, however, did not grant the relief of regularisation of service by takurg note that there was no post of Electrician in respondent No.5-Marlreting C-ommittee. Leamed writ court has proceeded to observe t}rat remuneration of Rs.1,500/- even as a daily wager is ) Iess than the minimum wages as prescribed under the MinimurnVages Act. 4 8 \(e have considered tlre submissions of leamed counsel for the parties.

9. fu this srage, we may carefully take note of the provisions of the Minimum \7ages Act, which prescribe the payment of wages.

10. Section 12 mandates payment of minimum wages, ar a ftlte nor less than the minimum rate of wages fixed by the notification under Section 5, for that class of emplopes engaged in a scheduied employnent, without any deductions, except as may be authorizrd, u,ithin such time and subject to such conditiors, as may be prescribed.

11. Section 15 prescribes payment of wages to workers, who work for less than normal working day. It stipulates that if an emplope has been engaged for a period less than the requisite number of houn consriruring a normal i I I J I I i I I I I I I i II I i ! I i i i t t I 5 wodsing day, he shall be entitled to receive wages m respect of wort done by him on that day' as if he had worlsed for a fr:ll normal working day' Ftrowever' as Per the proviso, the emplope shall not be entitled to receive wages for a full normal wor{<ing day either in case o{ his failure to wor{< due to unu'illingness or such other cases and circumstarrces as maybe prescribed'

12. Section 17 stipulates Payment of minimum nme €te wages for piece work It clarifies that where an emplope' emplopd on piece worh for which minimum dme rate' and not a minimum piece rate' has been fixed under the Minimum \fl"ge, Act, shall be entitled to wages not less than the minimum time rate'

13. fu Pe, Section 18, every employer has to mamtart registers and records giving such paniculars of employees emploTed byhirn, the work performed bythem' the wages f 6 paid ro rh.o,, the receipts given by them and such other paniculars, and in such form as may be prescribed. The notices in the prescribed form containing the paniculars of the emplopes have ro be exhibited in such manner as may be prescribed in the factory or wor\place.

14. Section 20 provides for determination of claims made byemplopes and the same is extracted hereunder: "Clairns.-(i) The appropriate Govemment may, by notification in rhe Official Gazette, appoint C-ommissioner for Worknren,s Compensation or arry offi.e. of the Central Govemrnent exercising functiors as a Labour C-ommiss ioner for any regon, or any officer of the State Govemmenr nor below the rank of I-abour Commissioner or any other officer with experience as a Judge of a Gvil Coun or as a stipendiary ldagistrate to be the Authoriry to hear and decide for anyspecified area all claims aris ing out of palaxent of less than the minimum rates of wages or in respect of tle paynent of remuneration for dap of rest or for q/ork done on such dap under clause (b) or clatae (c) of sub-secdon (1) of secdon 13 or of wages 1 at tlre overtime rate tmder secdon 14 to emplopes emploied or paid in fiat area' (z) Where an emplolee has any claim of the nature referred to in sub section (1) the employee himself' or any legal official of a regisered trade union practitioner or authorized in writing to acr on hh behdf' or any InsPector' or any Person ading with the permission of the Authoriry appointed under subsection (1), may apply to swh Autloriry for a direction under sub- section (3) : ^ny Provided that every such application shall be presented within six monttrs from tlre date on which the minimum wages or other aEouot became payable: Prcvided further that any application may be admined after the said period of six months when the applicant satisfies the Authority that he had sufficient carse for not making t}e applicatioo within such period' (l) \(lhen any application rm&r sub-section (2) is entertained, ttre Authority shall hear the appl.icant and the employer, or give them an oPPoftunity of being heari' and after srch further inquiry, if any, as it may consider n€cessary, may, without prejudice to any other penalry to which the emplopr maybe liabb under this Act' direct- (f in the case of a claim arising out of pagnent of less than the minimum rues of wages, the Payment ro the emplope of tle amount by which t}e minimum wages papble to him exceed the amount actually paid' together r ( I I I i I D * I I I I t { ! t I Ll t i i!i !I 5 E I iL *t * 6 f , g { .! i ! : t ::8:: with the payrnenr of such compensation as the Authoriry may think fit, not exceeding ten tirnes the amouot of such excess; (ir) in any orher case, the paymetrt of the arnount due to the emplope, together with the paFneff of such compensadon as the Autho ity ,oy ttrink fit, not exceeding ten rupees, and the Authoriry may direa paymeft of such compensation in cases where the excess or ttre amount due is paid by the employer to the emplope before tie disposal of rhe applic ation. (a) If the Auhoriry hearing any application under this section is satisfied thar it was either malicious or vexatious, it may direct thac a penalry ne1 s)rcssrling fifry rupees be paid to the emplopr by the person presenting the application. (5) Any amount directed to be paid under this sefiion may be recovered- (a) if the Authoriry is a l\,fagisrrate, by the Auhorfuy as if it q/ere a fine imposed by the Awhoriry as a lVfagistrate, (b) if the Authoriry is not a lvlagistrate, by any lvlagistrate to whom the Authoriry makes application in this b€half, as if it were a fine imposed bysuch tr/agistrate. (5) Every direction of the Authority under ttris section shall be final. I : I,I :l :tit !! l t E i 9 Q) EveryAuthoriry appoirted under sub-section (1) shdl have allt}re powen of a Gvil Court undert}re Code of Gvil Procedure, 1908 (5 of 1908), for the purpose of taking evi&nce and of enforcing the atendance of witnesses and compelling the prodwtion of documents' and every sr:ch Awhoriry shall be deemed to be a Gvil Court for all the purposes of section 195 a:d Chapter)OO(V of the Code of GiminalProcedure, 1898 (5 of 1898)'"

15. An employee is supposed to file an application within six months from the date on which the minimum wages became payable' If such application is filed bepnd six montkrs, the employee has to satisfytlre authorirythat hehassufficientcausefornotmakingapplicationwithin such period.

16. The authority, dectared by the aPProPnate Govemment by notification in the Official Gazette' shall' after hearing the employee and the emplopr' or after giving them an opportunity of being treard and after such further inquiry, diect- fintfi, in case of a claim arising out ) i I : I tII t t ::10:: of pa;.,rnent of less than the minimum rates of wages, the Paymenr to the emplope of rhe amounr, by which the minimum wages papble to him exceed the amount acually paid togetler with the compensation as the authoriry may deem fit, not exceeding ten dmes the amonnt of such excess; Suont$t ia _y other case, the paymenr of the amount due to the emplope, together with the paymenr of such comperuation as the Authority maythink fit, not exceeding ren rupees. Accorrdingly, the authoriry may direct paymenr of such compensation in cases where rhe excess or the amount due is paid by the employer to the emplo;ree before the disposal of the application. Thls is apan from any penalty, which the emplopr is liable ro face under the Minimum Vages Act. For vexatious or malicious claims, a penalty can also be imposed agairut the emplope. In order to carry out such function, such authority is conferred with the powers of :: I 1:: the Civil Court under the Code of Civil Procedure' 1908' for the Purpose of taking evidence and enforcrng the attendanceo[witnessesandcompellrngtheproductiono[ documents l.T.Referencetotheafloresaidprovisionisonlyforthe purpose to indicate that claims relating to minimum $/ages arc to be determrned as Per the procedure and before the lorum prescribed under the Minimum Wages Act' For de termination of such a claim' the relevant records' which thc emplover is requircd to maintain in tespect of such emplovecs. arc also to be inquired into by the appropriate authoritv.

18.1'helearnedwritcourt,however'proceededtohold ttrat the petirioncr is enritled to wages applicable under the Ntini-rnum Wagcs .\ct for the period he rendered serrrice as Lr.lcctrician u'ithout ant determination as to the total ::12:-: peuod of his e ent or the quantum of wages' Iess 0.", paid dudng rr was precluded tn the absence of than the mirumr rm wages, he might havr rhar per.iod. Apparenrlv, rhe writ .ort frorn making such determination sufficient preadinos ,-, --^-"'""n and supporting before ir. o".ooni*t docurnents placed at a.ross ,o .rr.rrr,o as.rhere ,. .,., 0"0..,],t:.,:l'period had been paid ress ,ntnafuon-at of tirne, the issuc aPPtopriate forurn a petition r No 6 being rhe emproyer would be for pavmenr of wases rhat point lf the petitrouer han the minrmum waEes over a period could har..e been laised before the rlt. rcicr.anr Point oF urne' lzrit '"0 pe,ding since 2014 dll the on 1110'2024 ,cficiai lesislati.n' it has to be obje* and the :"" ' Is cnactcd for the class of ^"^1 _"..,., ut(. rr.,rrkrnan in qucstion. Howeveq rrnpugned oro". ,uo. ufages Act being a ,oo"to rnterpreted i,, a mar,c pulpose for which , beneficiaries ;, has remair Mrnimum '"':' ., i I I J f i r { ( ::13:: whether the petitioner was paid minimum wages' and if not, what were the quanum of wages paid' Iess than the minimum wages prescribed' are issues' which could only be determined bv the comPetent authoriry notified by the appropriate Government' which' in the instant case' is the State (l ovcrnmcnt 1,9. Sincc disPuted quesnons ol fact are involved in the present casc, thc rvrit lurisdiction was not the ProPer remedv tci addrcss the grievances of the petirioner' Learned rvrit court' howcver' proceeded to entertain the plca of mit'tttlum rvagcs s-ithout suppordng pleadings and documents on record despitc availabiliry of an altemative remeclv pror-ided bv the Statute i'e'' the Minimum Wages ,\ct ::14::

20. Therefore, we are inclined order dared 14.10.2024 rmpugned of 2014. to inrerfere wirh the passed in W.p.No.357g4

21. The petitioner is nohfied under the *",:.:'":'] crarm wirh due parric withrn a period of four ,,u'nt' to approach rhe authodrv um wages Act'.in respect of his u"o supporting documents, irceks from roda),.

22. fn case the I au&oriry withrn rr'"t""'n"t uuthori$ wouid con wth law afrer due ,"r-l:: as are contempr"r.o ,,t such ptoceedings be .,'o"t aPf)r.261.'"t the competent abo.e sdPulatcd ume, Iearned application in accordance ": r. the enrplo-t'cr alrri employee, tn" \ti.imum wages Act' Let rnclLrdcd i, a rime b,rrncl tnanner, [r<.rm rhe darc .f rcccipt of preferabry, with.in four such.app.rrcati6l arong *'t'u"r ith a cop_r of rhis order. t l i I I I . j i ::15::

23.Fortheaforesardfeesons,theimpugneddjrectionof the learned writ court is set aside' f{owever' it would be open for the peudoner to raise all issues' as are permissible under law, before the competent authority'

24. The instant Writ Appeal is' accordingly' disposed of' No costs. As a sequei, misccllaneous pctidons' pending if any' stand closed. //TRUE COPY// SD. SREERAMA MURTHY DEPUTY REGISTRAR SECTION OFFICER To rtment Secretariat, , and Marketi Hvderabad. Department BRKR ComPlex, Tank Bund,

1. The Principal Secretary, Agriculture State of T6langana at Hyderabad ' 2. The Direclor, Agriculture Marketing S. i6" Disiiict Collector Nalgonda Districl, Nalgonda' 4. The Joint Director, ngric,-,iilie Naatkilng D$artrnent' Old Market Warangal' ;. iiiE ffii;tr;i ijit""td,' nliiiurture Marieting qe-PglT"nt Naloonda' 6. one cc to sRl G.NARAY'Jiifi'[ic;6F di1/'-drt'terens oF GHMC AND - z. iii"'Cc t"'snr pnneHnKAn BCiMMAGANI, Advocde [oPUC] 8. Two CD CoPies w Aont MRKT coMTY) Advocate [oPUc-] . . SA LS HIGH COURT DATED:20 tOBt2O2S JUDGMENT WA.No.371 ot 2025 f.- s t..i 1l.1 2 3 sEP 2U5 ,.? ,,' ,.. , a, '12. DISPOSING OF THE WRIT APPEAL WITHOUT COSTS. \occP(nA \+_- (fc\a: i I I I I I I i II I i I i $ { I I i f iI $ x I li;