- (1.) This is an application for staying the operation of the final order impugned to this appeal passed in connection with the writ application filed by the appellant writ petitioners.
(2.) Having heard the learned Counsel appearing for the respective parties as also after considering the facts and circumstances of this case, we find that a notice dated February 17, 2017 issued by the Labour Enforcement Officer (Central) under the Minimum Wages Act, 1948 was under challenge in the writ application.
(3.) It is the submission made by the learned Advocate appearing on behalf of the appellant that the appellant Company, namely, M/s. Reborn Castle Cleaning Private Limited was engaged by the Reliance Web-stores Pvt. Ltd. for the purpose of cleaning and sweeping of different stores run by the above Company at different places within the district of Burdwan. The appellant No. 1 was a contractor appointed under the Contract Labour(Regulation and Abolition) Act, 1970 under whom several skilled and unskilled labours were engaged for doing such cleaning and sweeping work and for the purpose of obtaining the license under the above Act, the principle employer, namely, Reliance Web-store Ltd. certified under Form V that they have engaged the appellant as a Contractor in their establishment. According to the appellants, the notice issued by the authority under the Minimum Wages Act, 1948 is without any legal basis and the Regional Labour Commissioner (Central) Assansol had no jurisdiction to issue the above notice in relation to the claim application bearing No. MW-63 of 2009.;