The Chairman v. Kuchana Satya Prakash

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.24029 OF 2018 Dated:16.07.2018 Between:

The Chairman, LIC of India, Central Office, Yoga Kshema, Jeevana Bheema Marg, PO Box No.19953, Mumbai and others .. Petitioners And Kuchana Satya Prakash, S/o. Buchi Rajam, R/o.H.No.23-244, Indira Nagar, Yellandu (PO), Khammam District and another .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.24029 OF 2018 ORDER:

Heard.

2.

Petitioner is the employer of the 1st respondent. Alleging that petitioner was not paid difference of wages for the period from 12.01.2008 to 31.03.2011 amounting to Rs.1,07,041.74 ps. he filed claim petition before the Authority under the Minimum Wages Act, 1948 (for short, 'the Act'). By the order impugned in the Writ Petition, the Authority passed orders awarding the amount demanded by the 1st respondent as well as payment of compensation and arrived at a total amount of Rs.2,14,083.48 ps. Challenging the same, this Writ Petition is filed. 3.

A bare perusal of the order impugned would show that no reasons are assigned by the Authority in support of its decision to hold that the 1st respondent is entitled to the amount quantified by it. The Authority under the Act is a quasi judicial authority and its decision shall be supported with the reasons. However, in the order impugned, the Authority has not assigned any reason in support of its decision.

4.

Having regard to the same, learned counsel for the 1st respondent also fairly submits that the order impugned be set aside and the matter be remitted, to which suggestion, learned counsel for the petitioners also agree.

5.

In view of the same, the Writ Petition is allowed and the order impugned is set aside and the matter is remitted to the Regional Labour Commissioner (Central), Hyderabad, the Authority under the Minimum Wages Act, 1948, to consider the issue afresh by affording due opportunity to both the parties and to pass orders by assigning due reasons in support of the decision. The decision shall be made as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of the order. There shall be no order as to costs.

Miscellaneous Petitions, if any, filed in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:16.07.2018 KH