Case Note & Summary
The appellant, Bhavabhai Mohanbhai Sarvaiya, was appointed as a daily wager by the District Development Officer and others. He worked from 01.04.2005 to 31.08.2016 but was not paid minimum wages as per the Minimum Wages Act, 1948. He filed a recovery application under Section 33C(2) of the Industrial Disputes Act, 1947 claiming Rs.5,92,480.20 as minimum wages for the said period. The learned Single Judge dismissed the application, holding that the recovery application was not maintainable. The appellant then filed a Letters Patent Appeal under Clause 15 of the Letters Patent Act, 1865. The Division Bench of the Gujarat High Court allowed the appeal, setting aside the judgment of the Single Judge. The court held that the appellant is entitled to minimum wages and that the recovery application under Section 33C(2) is maintainable. The court directed the respondents to pay the amount of Rs.5,92,480.20 to the appellant within a period of eight weeks.
Headnote
A) Minimum Wages - Entitlement - Daily Wager - Minimum Wages Act, 1948, Sections 3, 4, 20 - The appellant, a daily wager, claimed minimum wages for the period 01.04.2005 to 31.08.2016. The court held that the appellant is entitled to minimum wages as per the Minimum Wages Act, 1948, and the recovery application under Section 33C(2) of the Industrial Disputes Act, 1947 is maintainable for recovery of such wages. (Paras 1-12) B) Industrial Disputes - Recovery - Section 33C(2) - Industrial Disputes Act, 1947, Section 33C(2) - The court held that a recovery application under Section 33C(2) is maintainable for recovery of minimum wages even after termination of employment, as the right to minimum wages is a statutory right. (Paras 5-10) C) Limitation - Recovery of Wages - Minimum Wages Act, 1948 - The court held that there is no limitation period for filing a recovery application under Section 33C(2) of the Industrial Disputes Act, 1947 for recovery of minimum wages, as the right is a continuing right. (Paras 8-12)
Issue of Consideration
Whether the appellant, a daily wager, is entitled to minimum wages for the period from 01.04.2005 to 31.08.2016, and whether the recovery application under Section 33C(2) of the Industrial Disputes Act, 1947 is maintainable.
Final Decision
The appeal is allowed. The judgment and order dated 08.01.2020 passed by the learned Single Judge in Special Civil Application No.1512/2019 is quashed and set aside. The respondents are directed to pay the amount of Rs.5,92,480.20 to the appellant within a period of eight weeks.
Law Points
- Minimum Wages Act
- 1948
- Section 3
- Section 4
- Section 20
- Industrial Disputes Act
- 1947
- Section 33C(2)
- Letters Patent Appeal
- Clause 15
- Recovery of minimum wages
- Daily wager
- Maintainability of recovery application
- Limitation for recovery
