1 D.B.Civil Special Appeal(Writ) No.1342/2008 Block Development Officer V/s Badrilal & ors. 29.9.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Mohammad Rafiq Mr.B.L.Avasthi for the appellant. Heard learned counsel for the appellant. This appeal is barred by 162 days and application under section 5 of the Limitation Act has been filed for condonation of delay. Having heard learned counsel for the appellant, we are satisfied that the appellant was prevented by sufficient cause in not filing this appeal in time. Therefore, delay in filing this appeal is condoned and the matter is heard on merits. The appellant filed a writ application against the order of the labour court dated 7.7.2003 whereby application filed by the concerned workman under section 33(C)(2) of the Industrial Disputes Act, 1947 was allowed with directions to the appellant to pay him the minimum wages to the tune of Rs.32,571/- for the services rendered by him for the period from 1st July, 1990 to 31st March, 1995. Learned counsel for the appellant has argued that the labour court as also the learned Single Judge of this Court failed to appreciate that the respondent-workman was never given any appointment and he did not work in the office of the appellant. He was merely engaged as part time employee and that too by verbal order of the Gram Panchayat. 2 Since he was appointed as Jaldhari in the school and therefore, he was entitled to only Rs.125/- p.m. from the funds of the Gram Panchayat. Learned labour court on consideration of the evidence and pleadings of the parties held that the respondent was regularly discharging his duties in the school as class IV employee and therefore, he was atleast entitled to per day minimum wages. This finding of fact has been upheld by the learned Single Judge of this Court. There being concurrent findings of facts and the matter pertains to only computation of wages in terms of Section 33(C)(2) of the ID Act, we do not find any infirmity in the order passed by the learned labour court directing payment of minimum wages and for the same reason, learned Single Judge also did not err in concurring with the view of labour court. This appeal, which lacks merit, is, therefore, dismissed. (Mohammad Rafiq)J. (Narayan Roy)C.J. Parmar