Shila Singh v. The Authority under the Minimum Wages Act,1948 & Ors.
Case at a glance
- Decided
- 10 Dec 2014
Outcome
Disposed of
present claim application is disposed off at
Provisions considered
Judgment
Rs.1,28,648.00 arising out of less payment of lawful wages. I also observed that the 29 employees/workers of Applicant’s union have suffered economic injury and financial hardship for not getting their statutory wages in due time. Considering the period of delay, I allow compensation @ Rs.500.00 in respect of each of the 29 nos. of workers, whose name appeared in the instant claim application altogether Rs.1,43,146.00 (Claimed amount Rs.1,28,648.00 + Compensation Rs.14,500.00) would be appropriate to meet the ends of justice.” Finally, the authority held as follows :- “I, therefore, direct the OP-1/OP-2 under Sec. 20 (3) of M.W. Act, 1948 to disburse a sum of Rs.1,43,146.00 (Rs. One Lakh Forty three Thousand one hundred forty six only) either by means of Demand Draft drawn or by cash in favour of each worker/employee of Applicant’s union as appeared in the instant claim application within a period of 30 days from the receipt of this order under intimation to the present authority.
Operative part
Accordingly, the present claim application is disposed off at this stage.” The respondents could not produce any documents to substantiate that any contract was given to the petitioner herein for the modified work/deployment. 5 It appears the nomenclature was changed to avoid paying higher wages. It is on record as submitted by the workers that they have been working under employment of different vendors/employers but it is on record that the principal employer has remained the same being the respondent nos. 2 and 3 herein. Accordingly, the order under challenged dated 10th December, 2014, passed by the learned Authority under the Minimum Wages Act, 1848 and the Regional Labour Commissioner (Central), Kolkata in Claim Application NO. 47/34/L-Union/2024 E.I ., is modified to the extent that the payment as directed by the authority in the order dated 10th December, 2014 shall be made by the Opposite Party Nos.
2 and 3. The Opposite Party no. 1 being not liable for payment of enhanced wages due to change of nomenclature of work without any fresh contract is held not to be liable for the said payment. The order under revision dated 10th December, 2014 stands modified accordingly. WPA 2471 of 2015 stands disposed of. There will be no order as to costs. All connected applications, if any, stand disposed of. Interim order, if any, stands vacated. 6 Urgent Photostat certified copy of this order, if applied for, be supplied to the parties expeditiously after due compliance. (Shampa Dutt (Paul), J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: present claim application is disposed off at
Which statutory provisions did this judgment involve?
Minimum Wages Act, 1948; Minimum Wages Act, 1848.
Which court decided this case, and when?
Calcutta High Court, on 10 Dec 2014.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.