Tops Security Ltd. v. A. K. Agarwal, Authority Under Minimum Wages Act, 1948
2011-02-28
NISHITA MHATRE
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DigiLaw.ai
JUDGMENT : Nishita Mhatre, J. 1. In all these Petitions the orders challenged have been passed by the Regional Labour Commissioner (Central), Mumbai. By the orders, the Regional Labour Commissioner (Central), Mumbai, has found that minimum wages are payable to the Security Guards engaged by the Petitioners. Mr. Shetty, the learned Advocate appearing for the Regional Labour Commissioner (Central), Mumbai and the Labour Enforcement Officer (Central), Mumbai and the Inspector under the Minimum Wages Act, 1948 concedes that the Central Government is not the Appropriate Government qua the Petitioners in these Writ Petitions and, therefore, the Regional Labour Commissioner (Central), Mumbai had no authority to pass the impugned orders. 2. In view of the statement made by Mr. Shetty, the impugned orders are set aside. 3. The Writ Petitions are allowed. 4. No orders as to costs. 5. However, it is made clear that in case the State Authorities under the Minimum Wages Act wish to take any action against the Petitioners, the setting aside of the orders passed by the Regional Labour Commissioner (Central), Mumbai will not in any way reflect on the merits of the cases. 6. Any amounts deposited by the Petitioners in this Court shall be disbursed to them forthwith.