D.S. Sinha, J. - (1.) Heard Sri S.C. Tripathi, learned counsel appearing for the petitioner and Sri Tej Ram, learned Standing Counsel representing the Prescribed Authority and the Assistant Regional Labour Commissioner, Gorakhpur, the Respondent No. 1, Nobody appears for the Respondent No. 2.
(2.) By means of this petition under Artcile 226 of the Constitution of India, the petitioner seeks to challenge the order dated January 4, 1978 passed by the Respondent No. 1 under Section 20(3) of the Minimum Wages Act, 1948, hereinafter called 'the Act'.
(3.) Asserting that he was an employee of M/s. Jyoti Bin Company, Mohalla Basantpur, Gorakhpur, hereinafter called 'the Employer': that for the period between April, 1976 and July 3, 1976 he was not paid full wages; and that certain amount in lieu of the overtime work also was not paid to him, Sri Ram Briksh, the Respondent No. 2 approached the Respondent No. 1 for direction to the Employer for payment of the dues. The petitioner look the stand that the Respondent No. 2 was not its employee, and as such nothing was due to him.;