Court No. - 2
Case :- WRIT - C No. - 7639 of 2018 Petitioner :- Mahesh Pal Singh And Another Respondent :- Deputy Labour Commissioner, Bareilly Region ,Bareilly And Another Counsel for Petitioner :- Arvind Kumar Srivastava,Atul Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Arvind Kumar Srivastava for the petitioner and Standing Counsel for State.
The writ petition has been filed against the order of Deputy Labour Commissioner dated 30.10.2017 by which application of the petitioner claiming arrears and wages has been rejected.
The petitioners claimed that they were employed by Rajveer Singh, respondent-2 for agricultural work on the wages of Rs. 60,000/-. They were paid Rs. 10,000/- by respondent-2 but rest of Rs. 50,000/- remained to be unpaid. Accordingly they moved an application under the provisions of Minimum Wages Act,1948 before Deputy Labour Commissioner for directing respondent-2 to make payment of remaining wages to the petitioners. The application was rejected by the Deputy Labour Commissioner / Prescribed Authority by order dated 30.10.2017. Hence this writ petition has been filed.
I have considered the arguments of the counsel for the petitioner.
The provisions of Minimum Wages Act, 1948 is applicable in respect of scheduled employment. In Schedule II, agricultural work has not been mentioned as an employment. Therefore, provisions of Minimum Wages Act, 1948 is not applicable in this case. So far as Payment of Wages Act, 1936 is concerned, in this Act also employer has been defined and agricultural work has not been included as employment. As such impugned order rejecting the application, does not suffer from any illegality.
The writ petition has no merit and it is dismissed accordingly.
Order Date :- 26.2.2018 Rahul /-