- (1.) THE petitioner has prayed for quashing the order dated 4th May, 2012 passed by Respondent No.3Assistant Labour CommissionercumAuthority under the Minimum Wages Act, 1948, Ranchi in M.W. No.24 of 2011 as also the appellate order dated 25th September, 2012 passed by the Deputy Labour CommissionercumAppellate Authority under the Minimum Wages Act in M.W. Appeal No.3 of 2012, whereby the claim application filed by the claimant under Section 20(2) of the Minimum Wages Act (hereinafter to be referred to as "the Act") has been allowed.
(2.) THE said impugned orders have been challenged by the petitioner on the ground that the claim was time barred and was erroneously entertained and allowed. It has been submitted that prescribed period for filing claim application under Section 20(2) of the Act is six months, but the claim application was filed after expiry of that period. There was no application for condonation of delay. In view thereof, the order passed by the Assistant Labour CommissionercumAuthority under the Act dated 4th May, 2012 as also the appellate order dated 25th September, 2012 are illegal and are liable to be quashed.
(3.) LEARNED counsel for the petitioner submitted that the petitioner has sought minimum wages of several months and lastly of May, 2011. The claim application was filed on 18th November, 2011 after expiry of six months and, therefore, the application was time barred. The Assistant Labour Commissioner cumAuthority under the Act has thus entertained a time barred application and erroneously allowed the claim. The entire proceedings, including the impugned orders is vitiated in view of the provision of Section 3 of the Limitation Act. The writ petition has been opposed by the claimant respondent. It has been, inter alia, submitted that the writ application is frivolous and misconceived. The Assistant Labour CommissionercumAuthority under the Act as also the Deputy Labour CommissionercumAppellate Authority under the Act have thoroughly examined and considered the matter in accordance with law and have passed perfectly legal orders.;