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Prerna Sahygo Vs. Authority Under Minimum Wages and ors.

Prerna Sahygo vs Authority Under Minimum Wages and ors.

Type Court Judgment Court Supreme Court of India Decided Dec 07, 1998
~2 min read
https://sooperkanoon.com/case/674048

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Citation
Court
Supreme Court of India
Judge
Decided On
Case Number
Civil Appeal No. 6223 of 1998 Arising out of SLP (C) No. 12671 of 1998
Subject
Labour and Industrial

Case Summary

AI-generated summary - not the official court judgment text.

- [S.P. Bharucha,; S. Rajendra Babu and; A.P. Misra, JJ.] - Labour Law — Minimum wages — Non-payment of — Compensation awarded to workmen in default of, held, was exorbitant — Authority under Minimum Wages Act directing payment of 8 times wages to workmen who were not paid minimum wages -- T...

Key legal issue
Labour and Industrial
Acts & sections
Minimum Wages Act, 1948

Parties & Advocates

Appellant / Petitioner

Prerna Sahygo

Respondent

Authority Under Minimum Wages and ors.

Legal References

Reported In
(2001)9SCC247

Excerpt

- [s.p. bharucha,; s. rajendra babu and; a.p. misra, jj.] - labour law - minimum wages - non-payment of - compensation awarded to workmen in default of, held, was exorbitant - authority under minimum wages act directing payment of 8 times wages to workmen who were not paid minimum wages -- the authority found ulterior motives in the appellant's conduct and directed it to pay 8 times the wages awarded as compensation to the said workmen. in other words, a workman who had been awarded rs 2550 as wages was awarded rs 20,400 as compensation, and so on. the aggregate amount of the compensation awarded was rs 92,400. the appellant moved the high court of punjab and haryana. it was called for in the matter of the compensation awarded.s.p. bharucha,; s. rajendra babu and; a.p. misra, jj.1. leave granted.2. the notice that was issued to the respondent on the special leave petition was restricted to the compensation that was awarded.3. the authority under the minimum wages act found that the appellant had not paid minimum wages to the five workmen named in its order. accordingly, it awarded them wages in the aggregate sum of rs 11,550. the order recorded that the appellant “has also tried to falsify the inspector who is also an applicant. the respondent proves that the respondent is adamant to pay less wages against the provisions of the act”. the authority found ulterior motives in the appellant's conduct and directed it to pay 8 times the wages awarded as compensation to the said workmen.4. in other words, a workman who had been awarded rs 2550 as wages was awarded rs 20,400 as compensation, and so on. the aggregate amount of the compensation awarded was rs 92,400.5. the appellant moved the high court of punjab and haryana. the writ petition was dismissed, no interference, in the view of the high court, being called for.6. we do not agree that no interference with the award of the authority was called for. it was called for in the matter of the compensation awarded. rather than remitting the matter to the high court, we have heard learned counsel. we are satisfied that the award of compensation is exorbitant. we think, in the circumstances, that the amount of the compensation should be equivalent to the amount of the wages. in other words, each of the workers shall get as compensation an amount equal to the amount of wages awarded to him. the order of the authority dated 30-12-1997 shall stand modified to this extent only. the appeal is allowed to this extent. no order as to costs.

Full Judgment

S.P. Bharucha,; S. Rajendra Babu and; A.P. Misra, JJ.

1. Leave granted.

2. The notice that was issued to the respondent on the special leave petition was restricted to the compensation that was awarded.

3. The Authority under the Minimum Wages Act found that the appellant had not paid minimum wages to the five workmen named in its order. Accordingly, it awarded them wages in the aggregate sum of Rs 11,550. The order recorded that the appellant “has also tried to falsify the Inspector who is also an applicant. The respondent proves that the respondent is adamant to pay less wages against the provisions of the Act”. The Authority found ulterior motives in the appellant's conduct and directed it to pay 8 times the wages awarded as compensation to the said workmen.

4. In other words, a workman who had been awarded Rs 2550 as wages was awarded Rs 20,400 as compensation, and so on. The aggregate amount of the compensation awarded was Rs 92,400.

5. The appellant moved the High Court of Punjab and Haryana. The writ petition was dismissed, no interference, in the view of the High Court, being called for.

6. We do not agree that no interference with the award of the authority was called for. It was called for in the matter of the compensation awarded. Rather than remitting the matter to the High Court, we have heard learned counsel. We are satisfied that the award of compensation is exorbitant. We think, in the circumstances, that the amount of the compensation should be equivalent to the amount of the wages. In other words, each of the workers shall get as compensation an amount equal to the amount of wages awarded to him. The order of the Authority dated 30-12-1997 shall stand modified to this extent only. The appeal is allowed to this extent. No order as to costs.

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