Court No. - 59
Case :- WRIT - C No. - 33932 of 2019 Petitioner :- Smt. Kamla And Another Respondent :- Union Of India And 6 Others Counsel for Petitioner :- Bhanu Pratap Singh Counsel for Respondent :- A.S.G.I.,Harshita Rani Hon'ble Manoj Kumar Gupta,J.
Counsel for the petitioners state that the order impugned herein dated 6.4.2016, was also challenged by nine other workmen by filing Writ-A 13319 of 2019, but which was dismissed with liberty to them to approach the authorities under the Minimum Wages Act. It is urged that the instant petition be disposed of in same terms.
The operative part of order dated 12.9.2019 in Writ-A No. 13319 of 2019 is as follows:
"Though it is alleged that minimum wages is not being paid to the petitioners, but no notification has been annexed, of which violation is claimed by the petitioners. It otherwise appears that petitioners had earlier raised their grievance before the Central Government Industrial Tribunal -cum- Labour Court and an award was made in their favour, which was upheld with dismissal of the writ petition. In case the award has not been complied with or the provisions contained under the Minimum Wages Act have been violated, the remedy of the petitioner would be to approach the appropriate industrial forum where all issues of fact can be examined. It is otherwise not shown that petitioners have approached the authorities under the Minimum Wages Act. This Court, therefore, would not be inclined to entertain a grievance, directly before this Court, at the first instance.
Leaving it open for the petitioners to pursue their remedy, in accordance with law, this writ petition is consigned to records."
Accordingly, the instant petition is disposed of in same terms.
(Manoj Kumar Gupta,J.) Order Date :- 17.12.2019/Chandan