Prem Shankar Asopa, J. - (1.) The respondent-workman has filed an application under Article 226 of the Constitution of India read with Section 17-B of the Industrial Disputes Act, 1947 (in short 'the Act of 1947') seeking modification of the order passed by this Court on 18.7.2006 under Section 17-B of the Act of 1947 and to issue direction to the petitioners for making payment of the prevalent minimum wages as the wages last drawn by him, are less than the present minimum wages.
(2.) Counsel for the respondent-workman placed reliance on the order of this Court passed in Assistant Engineer Versus Hari Charan, SBCWP No. 5121/2001 decided on 17.1.2008. Counsel for the petitioners was granted time to study the matter. He submits that under Section 17-B of the Act of 1947, only the wages last drawn are required to be paid to the workman.
(3.) I have considered the aforesaid submissions of counsel for the parties. Before proceeding further, I would like to quote the order dated 17.1.2008 passed in Assistant Engineer v. Hari Charan (supra). The same is as under: "This Court on 2.1.2006 passed order on application u/s. 17-B of the Industrial Disputes Act, 1947 (in short 'the Act of 1947') for payment of the salary last drawn by the concerned workman at the time of his termination and monthly salary on or before 15th of each succeeding month and arrears from 1. 12.1989 to be paid within thirty days. Respondent-workman has filed an application praying that he is being paid Rs. 14/- per day which is the wages last drawn by him whereas at present, the minimum wages for the post of Beldar are Rs. 74/- per day. On account of the said less payment, he is facing great hardship. Counsel submitted that neither the Legislature nor this Court intended to make payment of the wages less than minimum wages which is the statutory wages. Counsel for the petitioner submits that they are making compliance of the order dated 2.1.2006 and as per the order, the respondent-workman is not entitled to minimum wages. I have considered the above mentioned submission of the counsel for the parties. In my view, no restriction has been imposed, either by the Legislature u/s. 17-B of the Act of 1947 nor by this Court not to make payment of 'the minimum wages. Accordingly, the application is allowed and the petitioner is 'directed to make payment of the minimum wages of the post of Beldar to the workman-respondent w. e. f. 1.1.2008. The application is disposed of.";