- (1.) Intra-court appeal has been preferred as against the order passed by the Single Bench on 5.3.2008 in CWP-5607/02 thereby affirming the order passed by the Authority under the Minimum Wages Act, 1948 on 22.4.2002.
(2.) An application was filed by respondent Murari Lal Sharma under Section 20(2) of the Minimum Wages Act, 1948 claiming arrear of Rs.30,794/- from 2.1.1995 to 31.8.1999. Another application was also filed claiming difference of Rs.5590/- for the period from 1.12.1999 to 30.4.2000. Both the cases were decided together. Work of appellant Sahakari Samiti is to distribute kerosene and sugar. An amount of Rs.650/- per month used to be paid to the claimant. It was contended on behalf of employer that the Minimum Wages Act was not applicable on the Samiti. The Authority under the Minimum Wages Act has come to the conclusion considering the evidence on record and sale register that it is a commercial establishment and is covered under the Rajasthan Shops and Commercial Establishments Act, 1958 and provisions of Minimum Wages Act are applicable on it. The order of the Authority was questioned before the Single Bench. The Single Bench has dismissed the writ petition aggrieved thereby the intra-court appeal has been preferred.
(3.) Submission which has been raised by the learned counsel for the appellant is that the cooperative society in question could not be said to be covered under the Rajasthan Shops and Commercial Establishments Act, 1958 and is not an establishment as notified vide notification dated November 11, 1999 under Section 5(2) read with Section 3(1)(a)(b) of the Minimum Wages Act, 1948 at Sr. No.16 shop and commercial establishment. The finding recorded by the Authority under the Minimum Wages Act cannot be said to be appropriate.;