Prakash Krishna, J. - (1.) Challenging the order dated 6th of December, 1994 passed by the authority under the Minimum Wages Act and the Labour Commissioner (Central), Kanpur in MWA/128 of 1992 and MWA/37 of 1992, the present writ petition has been filed. The facts of the case lie in a narrow compass.
(2.) Two proceedings under the provisions of the Minimum Wages Act were initiated by the Assistant Labour Commissioner (C), Kanpur against the petitioners namely Union of India on the ground that the petitioners are not paying the minimum wages to the labourers employed by the respondent No. 3 namely M/s. Janta Labour Cooperative Society Ltd.. After affording opportunities of hearing on various dates, finally on 8th of November, 1994, the impugned award awarding a sum of Rs. 44,927.20 in both the cases was passed with the direction to the petitioners to pay it to the workers within 60 days from the date of issue of the order.
(3.) Sri B.B. Paul, the learned counsel appearing on behalf of the petitioners, submits that the impugned order is vitiated in as much Kanpur city has been notified as class 'B' city for the purposes of Minimum Wages Act. But it has taken note of the notification issued by the Ministry of Finance being notification No. OM 11016/5/82-E-ll (B) dated 7th of February, 1983, wherein Kanpur has been declared as 'A' class city for the purposes of HRA and CCA w.e.f. 1st of August, 1982.;