DEVENDRA NATH GHOSH Vs. THE STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) In this writ application, the petitioner challenges a notice dated 22.8.1979, as contained in Annexure -1 to the writ application and the order dated 10th July, 1980, as contained in Annexure -3 to they writ application passed by the Respondent no. 2. By reason of the aforementioned order, the respondent no. 2, who is an authority within the meaning of the provision of the Minimum Wages Act directed the petitioner to pay a sum of Rs. 1000 (one thousand) to the respondent no. 4. as also a sum of Rs. 200 (two hundred) by way of damages. The period in question for which, the aforementioned order was passed is said to be from 14th April, 1978 to 10th August, 1979. Under the proviso to sub -section (2) of Sec. 20 of the Minimum Wages Act, 1948, an application for payment of minimum wages has to be filed within a period of 6 months.

(2.) In the instant case, the respondent no. 2 has taken cognizance of the matter suo -motu and no application for condonation of time whatsoever, had been filed before him. The petitioner received the notice from the court of the respondent no. 2 on 25.11.1979. As indicated hereinbefore, the respondent concerned did not file any application in terms of the proviso to Sec. 20 of the Minimum Wages Act, any question of passing the order for condonation of delay did not arise before the court below. The concerned workman was examined. He also swore affidavit to the effect that after filing this application he had been paid the entire arrears of the wages. According to respondent no. 2, the petitioner was merely giving Nasta to the workman and during the aforementioned period paid a sum of Rs. 700 (seven hundred). From the notice as contained in Annexure -1 to this writ petition, it appears that the petitioner was directed to deposit a sum of Rs. 1,300 (one thousand three hundred) only.

(3.) However, while passing the order as contained in Annexure -3 the respondent no. 2 took into consideration the fact that the petitioner has not paid the minimum wages for a period of 500 (five hundred) days. He further observed that the respondent no. 4 received Rs. 1,600 (one thousand six hundred) in all i. e. he received a sum of Rs. 900 (nine hundred) more, after the aforementioned proceeding was instituted.