In a writ petition challenging an appellate order denying minimum wages, the High Court declined to adjudicate allegations of fraud or lack of hearing on merits, directing the parties to seek appropriate case proceedings.
The writ application stands disposed without adjudication on the merits of the fraud allegations or the hearing claim.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.962 of 2010
1. SMT.LALITA DEVI W/O RAMBRIKSH MAHTO R/O MOHALLA- RAMBAG CHANDI P.S.
MITHANPURA DISTT.- MUZAFFARPUR
Versus
1. THE LABOUR COMMISSIONER, GOVT. OF BIHAR, PATNA
2. DEPUTY LABOUR COMMISSIONER CUM APPELLATE AUTHORITY UNDER THE ACT, MUZAFFARPUR
3. ASSISTANT LABOUR COMMISSION CUM AUTHORITY UNDER THE MINIMUM WAGES ACT 1948, MUZAFFARPUR
4. LABOUR ENFORCEMENT OFFICER, MUSHARI DISTT.- MUZAFFARPUR
5. SRI MAHILA GRIH UDYOG LIJJAT PAPAD RAMBAG BRANCH, THROUGH ITS ADMINISTRATOR, MOHALLA RAMBAG, P.O. RAMNA DISTT.- MUZAFFARPUR
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2/ 18/03/2011
Heard learned counsel for the petitioner
and learned counsel for the State.
The petitioner is stated to be the worker
awarded certain wages along with others in Minimum Wages Case Nos.130/04 to 137/04 by the Court of Assistant Commissioner and competent authority at Muzaffarpur. The employer preferred Appeal No.8/05. The appellate order annexed to the writ petition dated 25.1.2007 states that the appellant employer had filed materials that the dues of the workers concerned had been paid annexing receipts and affidavits in support thereof.
Learned counsel for the petitioner contends that the petitioner, a beneficiary of the award, was
not heard at the appellate stage and denies receipt of any money. Learned counsel invites the attention of the Court to the pleadings in paragraph-12 of the writ application that the employer had taken the signature of the petitioner and others on blank paper as a receipt to defraud her.
2
Fraud and forgery are questions of fact for which the proper foundation has to be laid. On the own pleadings of the petitioner, she acknowledges her signature, but alleges wrong use of the paper. Those are matters which can only be examined in an appropriate case as the petitioner may be advised where evidence, both oral and documentary, shall have to be led for adjudication.
The writ application stands disposed.
( Navin Sinha, J.)
KC
2 issues framed by the court
Whether the petitioner was entitled to a hearing on the claim that she was not heard at the appellate stage on minimum wages dues.
Whether allegations of fraud and forgery regarding the signature on a blank receipt can be adjudicated in a writ petition.
Smt. Lalita Devi W/o Rambriksh Mahto
The Labour Commissioner, Govt. of Bihar, Patna
Deputy Labour Commissioner Cum Appellate Authority Under the Act, Muzaffarpur
Assistant Labour Commissioner Cum Authority Under the Minimum Wages Act 1948, Muzaffarpur
Labour Enforcement Officer, Mushari Distt. Muzaffarpur
Sri Mahila Griha Udyog Lijjat Papad Rambag Branch
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court