- (1.) The petitioner is a registered partnership concern and controls Vishambher Palace, Moti Mahal and Rupbani cinemas. Three applications were made by J. S. P. Pandey, an Inspector appointed under the Minimum Wages Act (hereinafter referred to as the Act) before the Authority under the Act one each in respect of the three cinema houses aforesaid. The case set up in the said applications was that the management of the aforesaid cinema houses had not paid to their workmen minimum wages prescribed by the relevant notification and consequently they may be directed to make the said payment under Section 20 (3) of the Act along with ten times penalty. Notices were issued on these applications to the management by the Authority under the Act and after hearing the parties the Authority came to the conclusion that the management was liable to pay a sum of Rs. 2724.90 as wages in respect of Vishambhar Palace, a sum of Rs. 2139.00 in respect of Moti Mahal and a sum of Rs. 1996.00 in respect of Rupbani. The Authority also directed the managament to pay a sum representing ten times the aforesaid amount as penalty in respect of each of the three cinema houses. It is these orders which are sought to be quashed in the present writ petition.
(2.) It was urged (1) that Shri J. S. P.Pandey, who filed the applications before the Authority, had not been validly appointed as an Inspector under the Act and as such no action could be taken on the basis of those applications; and (2) in view of an earlier award dated 11th March, 1972, which was to remain operative for ten years according to the direction contained therein the applications were not maintainable in view of S. 3 (2-A) of the Act.
(3.) These two pleas had been raised by this very petitioner in Writ Petition No. 1931 of 1974 in respect of a fourth cinema house and were repelled by this Court on 10th Jan. 1979 for the reasons contained therein: we find no substance in these two pleas.;