IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4079 of 1994 MD.KAMRUDDIN @ SK.KAMRUDDIN S/O SK. SHARIF, R/O VILLAGE SULTANPUR PS. AMARPUR, DISTT- BANKA------- PETITIONER Versus 1. THE STATE OF BIHAR 2. LABOUR ENFORCEMENT OFFICER AMARPUR, BANKA 3. SUB-DIVISIONAL MAGISTRATE, BANKA 4. MAHENDFA TANTI S/O SOMAR TANTI 5. NARESH TANTI S/O KISAN TANTI 6. RADHESHYAM TANTI S/O SUKDEO TANTI 7. PALTOO PANDIT S/O LATE BNULAKI PANDIT, ALL R/O SATGHARA PS. AMARPUR, DISTT- BANKA-----RESPONDENTS ----------- FOR THE PETITIONER: MR. KRISHNA MOHAN, ADVOCATE MR. PRAVEEN KUMAR, ADVOCATE FOR TEH STATE: MR. PANKAJ KUMAR SINHA, JCTO SC-3 ------------- 6 18.12.2008 Assertion on behalf of the petitioner is that the impugned order dated 13.1.1004 contained in annexure-1 is in teeth of section 20(2) of the Minimum Wage Act. His submission is that as per the order itself it is apparent that the claim from the petitioner with regard to non-payment of minimum wage was for the period Ashwin 1991 to Falgun 1991 which roughly can be treated upto April, 1991 but the application for claim was made on 20.4.1992 which is beyond the period of limitation of six months. Not only this there is neither any indication that a condonation for delay for cogent reason was sought or granted by the Sub- Divisional Magistrate in this regard. The law on this issue has been settled in a decision reported in 1983 PLJR 413 (Awadhesh Lal sah vrs. The State of Bihar & Ors. In view of the above, annexure-1 dated 13.1.1994 is quashed. This writ application is allowed. RPS (Ajay Kumar Tripathi,J.)