M/S. Updater Services Private Limited, Through Mr. K. G. Mahadevrao v. The Regional Labour Commissioner (Central), Mumbai And ORS

Dusane 1/2 WP3962.2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3962 OF 2013 M/s Updater Services Pvt. Ltd.

....

Petitioner Vs.

The Regional Labour Commissioner ....

Respondents & Ors.

Mr. Shrishailya S. Deshmukh, Advocate for the Petitioner. None for the Respondents.

Coram : Smt. R.P. SondurBaldota, J.

Date : 9th June, 2015.

P.C.

This petition is directed against the order dtd. 4th March, 2013, by which the Regional Labour Commissioner (Central), Mumbai directed the petitioner to deposit an amount of Rs.92,898/- consisting of Rs.6,474/- towards the claim of the respondents and Rs.86,424/- towards compensation at three times of the claim amount. The only ground of challenge to the order is that the petitioner has already paid the amount of claim to the respondents twice, once by way of a demand draft and second time in cash.

Dusane 2/2 WP3962.2013 There is no dispute as regards non-payment of the minimum wages during the relevant period. Consequently, the order of the Commissioner cannot be faulted with for the direction to pay compensation. Section 20(3) of the Minimum Wages Act provides for the compensation at ten times of the claim amount. The learned Commissioner, however, has taken a lenient view and awarded compensation at three times of the claim amount. The view taken by the Commissioner being a reasonable view, the same cannot be interfered with by this court in it's jurisdiction under Article 227 of Constitution of India. Hence, the writ petition is dismissed. (Smt. R.P. SondurBaldota, J.)