GREEN CROSS Vs. ENGINNERING AND GENERAL WORKERS UNION

JUDGEMENT

(1.) RULE, returnable forthwith. By consent, rule called out and heard.

(2.) THIS petition has been filed by Green cross which is an Immuno-Diagnostic Centre and Pathology Laboratory challenging the order of the Industrial Court passed in a complaint filed by the workmen under Item l (a) and (b) of Schedule II and Item 9 of schedule IV of the Maharashtra Recognition of trade Unions and Prevention of Unfair Labour practices Act, 1971. The main grievance of the petitioner is that an interim application has been allowed by the Industrial Court making the petitioner liable to pay house rent allowance in accordance with the Maharashtra Workmen's minimum House Rent Allowance Act, 1983 and the minimum wages on the basis that the petitioner is a dispensary and, therefore, a scheduled employment under the Minimum wages Act, 1948.

(3.) AFTER hearing the learned counsel at some length, it is observed that the Inspector under the Minimum Wages Act has in his report dated 18/03/1999 described the petitioner as a dispensary and, therefore, liable to pay minimum wages in accordance with the minimum Wages Act, 1948. The petitioner has not challenged this inspection report showing them as a scheduled employment in the category of "dispensary" till today. Therefore, it is too late in the day for the petitioner to claim that it is a shop and, therefore, liable to pay minimum wages only as applicable to shops.