Partly allowed

Kabindra Ojha v. State of Odisha

Orissa HC19 Jun 2017WP(C)/23366/2016

Case brief

AI extract

What is this about?

This Writ Petition sought a direction to pay current wages under the Minimum Wages Act, 1948. The Court dismissed the direct prayer on the pending representation and instead directed the respondent to dispose of it within four weeks, considering minimum wage notifications.

What did the court decide?

Direction to dispose of the pending representation within four weeks from the date of producing the certified copy of the order.

2. This Writ Petition has been filed by the petitioner with a prayer to direct the opposi te parties to disburse his current wages attached to the post of SEM/Pump Operator w.e.f. 01. 05.2007 meant for high skilled workers under the Minimum Wages Act, 1948.

3. It is contended by the petitioner that he being a trained self employed mechanic was a ppointed by the Rural Water Supply Sanitation Department for implementation of rural Pipe Wate r Scheme under Bhubaneswar Block. The Government of Odisha in the Department of Labour & Emplo yment Department issued a notification on 28.04.2007 revised the minimum rate of wages payable to certain categories of employees w.e.f. 01.05.2007. Subsequently the Government issued anot her notification on 06.10.2012 revising the minimum rate of wages of the employees coming unde r the categories of unskilled, semi skilled and high skilled. Though the petitioner is coming under high skilled category, he has not been paid with proper wages in terms of the aforesaid notification. The petitioner has filed a representation before opposite party no.1 on 22.02.20 16 ventilating his grievance, which is still pending.

4. Learned counsel for the petitioner submitted that in pursuance of the order dated 07.0 3.2013 passed by this Court in W.P.(C) No.5182 of 2014 regarding payment of daily wages as per the aforesaid notification issued by the Labour and Employment Department, Government has tak en a decision.

5. Considering the above and as the representation of the petitioner is pending, this Cou rt disposes of this Writ Petition with a direction to opposite party no.1 to dispose of the re presentation filed by the petitioner on 22.02.2016 under Annexure-7 as expeditiously as possib le, preferably within a period of four weeks from the date of production of certified copy of this order, taking into consideration the notification issued by the Government regarding paym ent of minimum wages and the decision be communicated to the petitioner.

Kabindra Ojha v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kabindra Ojha v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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