1 S.B. CIVIL WRIT PETITION NO.2275/2007 State of Rajasthan vs Labour Inspector & Ors. DATE OF ORDER : - 23.1.2008 HON'BLE MR. PRAKASH TATIA, J. Mr. SN Tiwari, Dy. GA. <><><> Heard learned counsel for the petitioner. The petitioner being principal employer found liable to pay the minimum wages to the employees who were engaged through contractor by impugned order dated 29th March, 2006. According to the petitioner, the petitioner was not the direct employer of the employees in view of the contract entered into between the petitioner and the petitioner's contractor. As per the condition of the contract, the contractor was liable to make payment of all the wages to the employees and, therefore, the Authority under the Minimum Wages Act, 1948 committed error of law by holding that the petitioner to be liable to make payment under the award of the deficit amount. It is also submitted that as per the notification dated 31st Dec., 1994, the minimum wages for the unskilled labours was only Rs.32/- whereas the Authority under the Minimum Wages Act, 1948, held that the employees were entitled to minimum wages @ Rs.44/- per day. I considered the submissions of learned counsel for the petitioner and perused the reasons given by the Authority under the Minimum Wages Act, 1948 in its order 2 dated 29th March, 2006. The authority clearly held that from 1st May, 1996, the minimum wages for unskilled labours is Rs.44/- per day. In view of the above, notification dated 31st Dec., 1994 has no application to the facts of the present case as the claim of the employees with respect to the less payment of the wages is from 1st May, 1998 to 31st Jan., 1999. The petitioner is a deemed employer in view of the statutory provision and the petitioner is liable to pay the amount and the Authority under the Minimum Wages Act, 1948 clearly held that the petitioner has right to recover the amount from the contractor. In view of the above reasons, I do not find any illegality in the impugned award. Hence,the writ petition of the petitioner is hereby dismissed. (PRAKASH TATIA), J. c.p.Goyal/-