NAGENDRA GOWDA Vs. SERICULTURE EXTENSION OFFICER TECHNICAL SERVICE CENTER

JUDGEMENT

(1.) WRIT Petition Nos.17998, 17999, 18000, 18001, 18003, 18004, 18005, 18006, 18008 of 2012 are filed by the claimants, while writ petition Nos.39627, 36404, 39632, 39630, 36408, 39628, 36407, 36405 of 2013 are filed by the State Government, calling in question the orders of the Authority under the Minimum Wages Act, 1948 [for short 'Act']. While claimants contend that the Minimum Wages Authority failed to direct payment of daily wages towards [a] life maintenance [b] weekly holidays and [c] National and Festival Holidays, have preferred writ petitions, the State Government, have questioned the said orders on the premise that the Authority failed to exercise judicial discretion in the matter of condoning the delay of more than one and a half decade in filing the claim petitions and there being no jural relationship of employee and employer as between the claimants and the State, directions to pay difference of minimum wages for the period from the year 1984 onwards is illegal.

(2.) LEARNED Counsel for the claimants submits that the Authority having concluded that the claimants were daily wage employees under the State of Karnataka, the direction to pay the difference of minimum wages for the period from 1984 onwards cannot be faulted with.

(3.) LEARNED counsel hastens to add that the Authority having come to the aforesaid conclusion, had no reason to deny the benefit of wages towards [a] life maintenance [b] weekly holidays and [c] National and Festival Holidays, during the said period.