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2019 (7) TMI 1922 - SC - Indian LawsInitiation of proceedings by the workers under the Minimum Wages Act, 1948 - worker in employment after issuance of the prohibition notification dated 17th March 1993 under the Contract Labour( Abolition) Act, 1970 - HELD THAT:- After discontinuance of the service of the contract labour by the respective contractor in April, 1996, 2040 employees/contract labour through their union filed their respective applications in the year 1998 under Section 20(1) of the Minimum Wages Act, 1948 before the prescribed authority to claim parity with the wages payable to the employees who were direct/regular employees of the establishment of SAIL under the Minimum Wages Act. The claim of the respondents in their application filed under Section 20(1) of the Minimum Wages Act, 1948 was that as they had discharged the same or similar nature of work as that of direct employee of the establishment, it makes them entitled for the wages which are payable to an employee who is directly/regularly appointed in the establishment to whom wages are paid in terms of NJCS memorandum of Agreement dated 30th July, 1975. In the instant case, the establishment was duly registered under Section 7 of the Act and the contractor through whom the contract labour was engaged was holding its licence under Section 12 of the Act but in the changed circumstances, the appropriate Government took a decision to put a prohibition in making employment of contract labour in scheduled employment for various reasons which is not a subject matter of enquiry in the instant case and in consequence of the prohibition notification dated 17th March, 1993 published under Section 10(1) of the CLRA Act, the contract labour working in the establishment ceased to function and the contract between the principal employer and contractor stands extinguished. In the instant case, after issuance of the prohibition notification dated 17th March, 1993 under Section 10(1) of the CLRA Act having being published, in our considered view, the provisions of the CLRA Act or CLRA Central Rules, 1971 framed thereunder would not be available to either of the party to strengthen its claim - minimum wages as prayed for in the application filed by respondents before the prescribed authority under Section 20(1) of the Minimum Wages Act, 1948 could be claimed independently under the Minimum Wages Act, 1948 which indisputedly in the instant case was Rs. 11.65/¬ per day over the minimum wages to be paid by the appellant to each of the respondent (2040 employees) in terms of the agreement executed between the parties and that was indeed complied with by the appellants in its true spirit. The order of the prescribed authority under the Minimum Wages Act, 1948 dated 2nd December, 2003 and confirmed by the High Court under the impugned judgment dated 11th December, 2006 are unsustainable and deserves to be set aside - Appeal allowed.
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