Amar Jyoti Charitable Trust v. The Authority (Under The Minimum Wages Act) Govt Of NCT Of Dlehi & ORS.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4546/2016 & CM APPL. 18997/2016 AMAR JYOTI CHARITABLE TRUST ..... Petitioner Through:
Mr. A.K. Singla, Senior Advocate with Ms. Rahul Shukla, Mr.
Abhimanyu & Mr. Bachita B.
Shukla, Advocates versus THE AUTHORITY (UNDER THE MINIMUM WAGES ACT) GOVT OF NCT OF DLEHI & ORS.
..... Respondents Through:
Nemo.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
O R D E R
% 24.05.2016 In proceedings under the Minimum Wages Act, 1948, petitioner had filed a written statement taking objection of limitation and to applicability of the aforesaid Act. The concerned authority, under the aforesaid Act, vide impugned order of 3rd December, 2015 (Annexure-E) summarily dealt with the question of limitation by observing that delay of each and every day is not required to be explained and has proceeded to list the matter for framing of Issues.
Learned senior counsel for the petitioner submits that now the matter is coming up before the concerned authority on 4th July, 2016 for framing of Issues.
W.P.(C) 4546/2016
Upon hearing and on perusal of the impugned order, I find that instead of interfering with the impugned order, it would be appropriate to direct the authority concerned to hear the parties on the objection of applicability of the Act in question and to pass a speaking order as to what is the period of delay and what is the explanation offered for it. In this context, issuance of notice of this petition to respondents No. 2 to 6 is dispensed with.
In the facts and circumstances of this case, this petition and application are disposed of with direction to the authority concerned to offer an opportunity of hearing to both the sides with regard to applicability of the Act in question and to deal with the delay aspect and thereafter only to proceed in accordance with the law. The petition and application are accordingly disposed of. (SUNIL GAUR) JUDGE MAY 24, 2016 r W.P.(C) 4546/2016