The Management Of Jubilee Hills International Centre, v. The Authority Under Minimum Wages Act And Additional
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND SIXTEEN
Present
HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.3327 of 2011 Between:
The Management of Jubilee Hills International Centre, Road No.14, Jubilee Hills, Hyderabad, rep. by its Secretary T. Hanumantha Rao.
. Petitioner AND The Authority under Minimum Wages Act & Additional Commissioner of Labour, T. Anjaiah Karmika Bhavan, Musheerabad, Hyderabad and others.
.. Respondents
The Court made the following:
THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.3327 of 2011
ORDER
The Inspector filed claim before the Authority under the Minimum Wages Act, 1948 on behalf of 36 employees working in the petitioner-Jubilee Hills International Centre, Hyderabad, alleging that they are not paid minimum wages as required under Minimum Wages Act, 1948 (for short 'the Act'). The said claim was registered as M.W.No.1 of 2010. By order dated 27.01.2011, the Authority has held that the petitioner management failed to pay minimum wages fixed under Section 5 of the Act. The Authority allowed the claim as Rs.1,26,596/-. The Authority also imposed 5 times of the claim allowed as fine. Challenging the said order, this writ petition is filed.
2. On earlier occasion, after arguing for considerable length, learned counsel for the petitioner sought adjournment to obtain instructions from the management of the petitioner centre with reference to resolution of the dispute by amicable settlement. The counsel representing the respondents fairly submitted that respondents would be agreeable if at least two times the compensation awarded is paid, instead of prosecuting the litigation.
3. Today, memo is filed on behalf of the petitioner
management agreeing to pay the penalty at the rate of 2 times of the claim allowed instead of 5 times as awarded by the Authority under the Act. Learned counsel for the respondents agreed for the said proposal.
4. Having regard to the same, the Writ Petition is disposed of as under:
The order of the Authority under the Minimum Wages Act in M.W.No.1 of 2010 dated 27.01.2011 is modified to the extent of reducing the penalty imposed by the Authority to 2 times of the claim allowed instead of 5 times as ordered by the Authority. The rest of the order remains.
The petitioners are directed to deposit the amount within a period of six weeks from the date of receipt of the copy of the order before the Authority under the Minimum Wages Act, 1948 and the Additional Commissioner of Labour, Hyderabad. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ________________ P.NAVEEN RAO, J 24th August, 2016 sj