The Model Intermediate College vs The Prescribed Authority And Others on 19 August, 2011
Thereafter relying upon the judgment in Manganese Ore (India ) Ltd. (supra) and the decision of the Jharkhand High Court in Sheema Kanaujia Vs. Regional Labour Commissioner, the Court held that the order impugned passed by the Labour Enforcement Officer was without jurisdiction as in Manganese Ore (India) Ltd. (supra) the workman demanded minimum wages so fixed by the Government and employer denied the same to the workman on extraneous considerations, remedy under section 20 of the Minimum Wages Act, is not available to the workman and the labour Court adjudicate the same under section 33-C(2) of the Industrial Disputes Act in such circumstances. Therefore, where claim is that employee was paid at a rate less than the rate fixed under Minimum Wages Act, the case is covered by section 20(2) and in such cases jurisdiction of the Authority under section 20(2) is not ousted by section 15 of the Payment of Wages Act.