AIR 1968 SUPREME COURT 271 ::1968 LAB. I. C. 224 ::16 FacLR 1 ::1967 2 LabLJ 872 ::33 FJR 1 ::1968 (1) SCR 260 ::1968 2 SCJ 161 ::(1968) 2 S C J 181 ::1967 2 SCWR 878 ::ILR 1967 19 Assam 251

Supreme Court Of India

(From Assam : AIR 1963 Assam 62 (FB))

Hon'ble Judge(s): K. N. Wanchoo, G. K. Mitter , JJ

(A) Civil P.C. (5 of 1908) , S.9— Matters dealt with by Special Tribunal - Minimum Wages Act (1948), Ss. 20, 24 - Suit by employer challenging correctness of decision given by Authority under S. 20 as to applicability of notification under Act to certain class of workers without following provision as to hearing and enquiry contained in Act - Civil Court's jurisdiction is not excluded. AIR 1963 Assam 62 (FB), Reversed. Minimum Wages Act (11 of 1948) , S.20, S.24— Section 20 is not aimed at putting a seal on the adjudication if any, under it. It is to be of a nature which suits the discretion of the officer concerned although he is given the powers of a civil Court in certain respects. In such a situations it is impossible to hold that the Legislature meant to exclude the jurisdiction of civil courts to go into the question of non-payment of minimum wages claimed as final. Sub-sec. (6) of Section 20 merely shows that the discretion of the Authority could not be questioned under any provision of the Act. It does not exclude the jurisdiction of the civil court when the challenge is as to the applicability of the Act to a certain class of workers.(Para 13) Section 24 does not in terms bar the employer from instituting a suit when his claim is that he has been called upon to pay wages and compensation to persons who a....