- (1.) Challenge in the present writ petition is to the order dated 07.11.2013 (Annexure P-2) passed by the Industrial Tribunal, Jalandhar whereby, the application under Section 33C(2) of the Industrial Disputes Act, 1947 (in short 'the Act') filed by respondents no. 2 to 24 has been allowed.
(2.) The claim of the workmen, who are 23 in number, was that various amounts were due to them on account of the wages, as per the minimum rate under the Minimum Wages Act, 1948 (in short 'the 1948 Act') and the petitioner-management had not been paying the said amounts and several representations have been made collectively to the management but it did not lead to any fruitful result. A complaint had been made to the Labour Commissioner, Punjab in that respect, which was referred to the Labour Inspector, Nawanshahr but the management refused to pay the wages as per the minimum wages. CWP No. 8433 of 2004 was also filed before this Court since termination of the services of the employees was threatened. Services of two of the employees namely Ram Sumer, Mali and Paramjit Kaur, Sweeper were also terminated who were demanding wages at the minimum rates.
(3.) In the reply filed, the management took various pleas that the application was not maintainable under Section 33C(2) of the Act and could only be determined under Section 10 of the Act. A settlement had taken place on 26.05.2004 whereby, the salaries of the applicants were fixed at an enhanced rate from 01.04.2004 and the applicants were getting the benefits of the settlement since 01.04.2004. It was also pointed out that the petitioner-college functioned only for about 5 hours and the workmen were working as a part time employees for 5-6 hours daily and could not claim wages for 8 hours. The fact of filing of the writ petition was denied on the ground that no such copy was received. Regarding the two employees, who were allegedly terminated, it was pleaded that they were daily wage workers and had left on their own and there was no demand from these two workers. The table of the claim filed by the workmen was incorrect and baseless and not admitted and without any basis and the claim made was not in accordance with the provisions of the Act. On the basis of the pleadings, the Labour Court framed the following issues:- "1. Whether the applications are without jurisdiction and not maintainable? OPR 2. Whether the applicants are estopped to make the applications? OPR 3. Whether the applications are time barred? OPR 4. Whether the applicants have got no existing right to make the claim? OPR 5. Whether the applicants are entitled to the amount claimed? OPA 6. Relief.";