employees and the contractor of the petitioner-company, i.e., the actual employer of the employees has already paid the difference of wages in the year 2019 itself. That the complaint application under Section 20(2) of the Minimum Wages Act, 1948, was registered after a lapse of more than 19 months at the instance of the Labour Enforcement Officer (Central), Gaya. That though cause of action for the authority to pass the said order, but, the impugned order has been passed in a mechanical manner without adverting to the facts of the case or the provisions of the Act more particularly the period of limitation for entertaining the complaint. That the proceedings initiated against the petitioner-company without making the contractor as a party-respondent who has engaged the workmen is not only contrary to the principles of law, but, also the principles of natural justice and equity. That the contractor who is the original employer has already paid the difference of the wages to the concerned workers in the year 2019 itself and the impugned order is passed without considering the said fact. Learned counsel has, therefore, prayed this Hon’ble Court to allow the present Writ Petition and set aside the impugned order, dated 22.06.2022, passed by the Regional Labour Commissioner (C), Patna.
