Tripura High Court
Sri Pankaj Nath And 5 Ors vs The State Of Tripura And 4 Ors on 13 January, 2023
Author: Arindam Lodh
Bench: Arindam Lodh
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 667/2022
Sri Pankaj Nath and 5 ors. .....Petitioner
Versus
The State of Tripura and 4 ors. .....Respondents
For Petitioner(s) : Mr. A. Bhaumik, Advocate For Respondent(s) : Mr. D Bhattacharjee, GA Mr. S. Saha, Advocate HON'BLE MR. JUSTICE ARINDAM LODH Order 13/01/2023 Heard Mr. A. Bhaumik, learned counsel appearing for the petitioners. Also heard Mr. D. Bhattacharjee, learned GA assisted by Mr. S. Saha, learned counsel appearing for the respondents. By means of filing the present writ petition, the petitioners have prayed for the following reliefs:
"(i) Issue Notice upon the Respondents;
(ii) Call for the records;
(iii) Issue Rule calling upon the Respondents to show cause as to why the Petitioner shall not be given the benefit of Minimum wages alongwith variable dearness Allowances w.e.f. 01.10.2021 as per Notification dated 4th December, 2021 alongwith all arrears of Minimum Wages w.e.f. 01.10.2021;
(iv) Issue Rule calling upon the Respondents to show cause as to why the Petitioners shall not be paid the minimum Wages directly by the Respondents in their respective bank accounts;
(v) After hearing the parties, be pleased to make the rule absolute.
(vi) Pass any further order/orders as deemed fit and proper by this Hon'ble Court"
It is the grievance of the petitioners that though they have completed 10 years of their service as Guards, but, the petitioners were not being paid the revised minimum rate of wages under Minimum Wages Act, 1948. From the notifications dated 04.11.2021 and 22.11.2022, it is clear that the respondent-Labour Department had revised the basic rates of minimum wages in respect of the unskilled workers w.e.f. 01.10.2021. Though the petitioners fall within the ambit of unskilled workers, but, the revised rate of minimum wages has not been extended towards them. Considering the above factual aspect, I direct the respondents to pay the revised rate of minimum wages to the petitioners as per memo dated 22.11.2022 issued by the Labour Department, Government of Tripura alongwith all the arrears accrued thereupon within a period of 3 (three) months from today.
With the aforesaid direction, the instant writ petitions stand allowed and disposed.
JUDGE Saikat