- (1.) THIS order shall dispose of Cml Writ Petitions Nos. 5691 of 1994, 5877 of 1994 and 5692 of 1994. The facts arc being taken from Civil Writ Petition No. 5691 of 1994.
(2.) RESPONDENT No. 2, Smt. Pali Devt. who was an ex-employee of the management-petitioner filed an application under Section 20 of the Minimum Wages Act. 1948, against difference in the minimum wages and the wages paid to her. This application was allowed by the authority under the Act, vide impugned order, annexure P-5, dated February 28, 1994. The management, being aggrieved, has filed this writ petition.
(3.) LEARNED counsel appearing for the petitioner has argued that Smt. Pali Devi was no longer in employment and, therefore, her application under Section 20 of the Minimum Wages Act was not maintainable. Reliance has been placed upon a Division Bench judgment of this court in Municipal Committee. Raikot v. Sham Lal Kaura, 1965-66 28 FJR 472, wherein it has been held as under : "having regard to the object and scope of the Minimum Wages Act, 1948, and its material provisions, the word 'employee' defined in Section 2 (i) of the Act does not include an ex-employee. Therefore, only a person who is in the actual employment of the employer at the time of making an application against the employer under Section 20 of the Act is entitled to make the application. ";