D.G.R.PATNAIK - (1.) HEARD the learned counsel for the parties.
(2.) THE petitioner, in this writ application, has prayed for quashing the order dated 28.9.2002 (Annexures -5 and 6 series), passed by the Divisional Commissioner, Palamau (Respondent No.1) in Minimum Wages Appeal No. 21 of 2001, whereby and whereunder the Divisional Commissioner has confirmed the order dated 16.11.2000, passed by the Additional Collector, Palamau -the appellate authority (Respondent No.2) in Minimum Wages Appeal No. 5 of 1999 -2000, who set aside the order of the Sub -Divisional Magistrate, Sadar, Daltonganj and directed to pay ten time compensation of the minimum wages amount assessed at Rs. 11,053/, to the Respondent No. 3 under the provisions of Section 3(1) of the Minimum Wages Act, 1948 within one month from the date of the order. From the rival submissions, the admitted facts are that the services of the Respondent No.3 was engaged by the Divisional Forest Officer as a casual labourer. Such services, according to the workman, continued to be availed for more than 12 years. The grievance of the workman, advanced before the concerned authorities of the Respondents, was that he was not paid the minimum wages under the Minimum Wages Act for the period during which his services were taken.
(3.) THE petitioner being the employer had contested the workman's claim by taking a stand that he had not worked for the period claimed by him and as a matter of fact, since after November, 1995, no work was taken from him and as such, his claim for wages on and after November, 1995 is misconceived.;