M.Y.EQBAL, J. - (1.) In this writ application the petitioner seeks declaration that the petitioner-school, namely Chacha Nehru Vidyapith, is not schedule employment and it is not covered by any employment specified in a schedule of Minimum Wages Act, 1948 and further for quashing the orders passed by respondents whereby it is held that the petitioner, a school is liable to pay Minimum Wages to its employees mentioned therein.
(2.) The facts of the case lie in a narrow compass.
(3.) Petitioner is a school imparting education upto Class VI standard. The employees of the petitioner-school are teachers as well as clerk and administrative staff. In 1994, respondent No. 3, Labour Superintendent- cum-Inspector under minimum Wages Act, filed an application against the Secretary of the school for and on behalf of the teachers and non-teaching employees of the school for awarding compensation equal to the wages alleged to have been paid less than the Minimum wages. Petitioner resisted the claim on the ground inter alia that the petitioner-school is not covered by the notification inasmuch as it is not a schedule employment. Respondent No. 1 Assistant Labour Commissioner rejected the objection of the petitioner. The petitioner then challenged the said 'order' by filing CWJC No. 850/96R, challenging the order passed by respondent No. 1. This Court in terms of order dated July 30, 1996 partly allowed the writ application by holding that the Act does not apply to the teachers. Other points raised by the petitioner were left open with a direction to the petitioner to file appeal. Petitioner then filed appeal before respondent No. 2 Deputy Development Commissioner-cum-appellate authority challenging the order of respondent No. 1. Respondent No. 2 dismissed the appeal by order dated January 29, 1997 and refused to interfere with the order passed by respondent No.1 condoning the delay in filing appeal and the direction to deposit 50 per cent of arrears of wages. Petitioner then challenged the order of respondent Nos. I and 2 whereby it was directed to deposit 50 per cent of the arrears of wages by filing CWJC No. 640/97R. In the meantime, respondent No. 1 by order dated April 15, 1997 finally allowed all the applications and ordered for payment of arrears of wages as calculated by it along with compensation of 5 times of the total alleged arrears of Minimum Wages. Petitioner then filed appeal against the aforesaid order before respondent No. 2 who by order, dated February 5, 1999, disposed of the appeal by upholding the order of respondent No. 1 but with modification in relation to percentage of compensation from5 times to 3 times only. These orders are impugned in this writ application.;