M.M.KUMAR, J. - (1.) The order dated 24.3.2005 (P-1), passed by the C. It has come on record that immediately on filing of the application under Section 20 (2) of the Act, respondent Nos. 1 and 2 had paid the whole amount. However, the petitioner pursued her claim by insisting that compensation to the extent of 10 times under Section 20(2) of the Act was payable and the competent authority has failed to award any C.W.P. No. 11865 of 2005 compensation. The operative part of the order dated 24.3.2005, reads as under:-
(2.) Further she claimed the ten times amount of the above said payment as a cause of delay. With regard to this fact of delay the Claimant has failed to prove it. Rather, the payment claimed by her was made to her by the Management/Respondents immediately after filing claim application without raising any objection and the remaining amount of Rs. 31/- might have been paid to the Claimant by the Respondents. However, the wages claimed by the Claimant are for the period from 2.7.2001 to 31.7.2002 whereas she has filed her application through the Labour Inspector Gr-I Abohar on 19.8.2002 which is beyond the limitation prescribed in the M.W. Act. According to the provision under Section 20(2) the said applications as (has?) to be presented within six months from the date on which the minimum wages or other amount became payable. The Claimant has neither mentioned in her claim application nor in her statementin- chief as to whether she has ever submitted her representation to the Respondents-management for releasing the said remaining wages, and as such it transpires that there is no delay on the part of the Respondents for making the remaining wages under the
(3.) After hearing learned counsel for the parties we are of the view that it is not mandatory for the competent authority to award compensation. A perusal of Section 20 makes it evident that it has been left to the discretion of the competent authority under the Act and the same is not mandatory. It would be apposite to notice relevant provisions of Section 20 of the Act and the same reads as under:- 20. Claims. (1) The appropriate Government may, by notification in the Official Gazette, appoint any Commissioner for Workmens Compensation or any officer of the Central Government exercising functions as a Labour Commissioner for any region, or any officer of the State Government not below the rank of Labour Commissioner or any other officer with experience as a Judge of a Civil Court or as stipendiary Magistrate to be the Authority to hear and decide for any specified area all claims arising out of payment of less than the minimum rates of wages or in respect of the payment of remuneration for days of rest or for work done on such days under clause (b) or clause (c) of sub-section (1) of Section 13 or of wages at the overtime rate under Section 14, to employees employed or paid in that area. (2) Where an employee has any claim of the nature referred to in sub-section (1), the employee himself, or any legal practitioner or any official of a;