Madhya Pradesh High Court
Mahendra Shrivastava vs State Of Madhya Pradesh on 14 September, 2015
WP-3471-2013
(MAHENDRA SHRIVASTAVA Vs STATE OF MADHYA PRADESH)
14-09-2015
Heard Shri R. Jagwani, learned counsel for the petitioner, Shri
R.B.S. Tomar, learned Government Advocate Lawyer for the
respondent/State and Shri S.P. Jain, learned counsel for the
respondent no. 3 on admission.
The petitioner has filed this petition alleging that the respondents/authorities are not paying him minimum wages. It is submitted that the petitioner is a skilled labour and therefore, the petitioner is entitled to the minimum wages fixed for the skilled labour by the competent authority under the Minimum Wages Act (hereinafter referred to as the 'Act') but the respondents/authorities are not paying the same to the petitioner, hence this petition.
The respondents have filed their return and have stated therein that they are paying wages as per the rate fixed by the Collector under the provisions of the Act. The respondents have also disputed that the petitioner is a skilled labour and have stated that the petitioner is being paid in accordance with the work done by him as per the rate fixed by the competent authority for the daily wages employee.
Having heard the learned counsel for the parties and in view of the dispute being raised by the petitioner regarding payment of minimum wages and the fact that the respondents have disputed the claim of the petitioner by stating that they are paying the minimum wages fixed/revised by the Collector from time to time to the petitioner, I am of the considered opinion that the appropriate remedy to the petitioner is to approach the Competent Authority under the Minimum Wages Act.
It goes without saying that in case the petitioner does approach the Competent Authority alongwith the certified copy of the order passed today and the copy of the petition within two weeks from today, the authority concerned shall thereafter consider the claim of the petitioner and take a decision thereon in accordance with law and the procedure prescribed under the provisions of the Minimum Wages Act.
However, it is made clear that the petitioner would be at liberty to take up all other issues relating to minimum wages before the competent authority in accordance with law.
With the aforesaid observations/directions, the petition filed by the petitioner stands disposed of.
C.C. as per rules.
(RAVI SHANKAR JHA) JUDGE