JUDGMENT : D. HARIPARANTHAMAN, J. 1. This Civil Miscellaneous Appeal has been filed against the judgment and decree dated 25.03.2002 in W.C.No.96 of 2001 on the file of the Commissioner for Workmen Compensation, Deputy Commissioner of Labour, Madurai. 2. Heard the learned counsel for the appellant. 3. The only question that arises for consideration that is urged before me vehemently by the learned counsel for the appellant is that when the claimants themselves stated that the deceased person was paid only Rs. 2,400/- per month as his wages, the Deputy Commissioner of Labour has erroneously fixed Rs. 3,014/- as monthly wages and hence this Court has to interfere with the same and to refix the compensation accordingly. 4. At the first blush, the argument is attractive, but on a thorough scrutiny, this Court is of the view that the said submission has no merit. The learned Commissioner has fixed the minimum wages payable under the Minimum Wages Act, as monthly wages. It is a statutory mandate that no employer can pay less than the minimum wages. In fact, if the employer pays wages less than the minimum wages, such act is prohibited under Article 23 of the Constitution of India. The Apex Court has held in People's Union for Democratic Rights v. Union of India, reported in AIR 1982 SC 1473 , that the employer has to pay the minimum wages. If the employer is not able to pay the minimum wages, he has to close down the industry and he cannot say that he could not pay the minimum wages. Hence, I do not find any error or infirmity in the order of the Deputy Commissioner of Labour. The relevant passage from the order of the Deputy Commissioner is extracted hereunder: "As there is no documentary evidence the minimum wages payable to the workman employed under public motor transport undertakings has to be necessarily taken into account as the wages paid. As per G.O.No.102, Employment, dated 22.9.99, the basic pay for a driver is Rs. 1781/- p.m and the eligible D.A is Rs. 1233/- totalling Rs. 3014/- p.m. Accordingly, I fix the wages of the deceased as Rs. 3014/- p.m." 5. In view of the reasons stated supra, the Civil Miscellaneous Appeal fails and accordingly it is dismissed. No costs. 6. The claimants are permitted to withdraw the compensation that has already been deposited by the appellant Insurance Company.