M. Appadurai vs P. Radhakrishnan, Assistant Inspector of Labour-I and The Deputy Commissioner of Labour

P.K. Misra, J.—Heard Mr. D. Harikrishnan for the petitioner and Mr.D.Krishnakumar, Special Government Pleader for the second respondent.

This writ petition has been filed against the order dated 20/4/1993 in M.W. No. 8/93 passed by the Deputy Commissioner of Labour in a proceeding u/s 20 (2) of the Minimum Wages Act. Such a proceeding had been initiated on the basis of the application filed by the first respondent, namely, The Assistant Inspector of Labour - I, Dharmapuri. In the impugned order, the second respondent has directed the present petitioner to pay the difference in minimum rates of wages of the various workers including one M. Dharman.

The counsel for the petitioner submitted that the present writ petition is confined to the order so far as it relates to M. Dharman. The main contention is that M. Dharman is not an employee under the present petitioner.

The present writ petition has been dismissed against the first respondent because of non-compliance of the order dated 2/4/2004. It is thus apparent that the official, at whose instance, the petitioner was before the second respondent is not before this Court. The beneficiary of the impugned order has also not been impleaded as the respondent. Therefore, in the absence of the applicant on whose basis the impugned order has been passed and in the absence of the beneficiary for whose the benefit had been passed, the present writ petition is incompetent. Since the writ petition has been dismissed against the first respondent and since the beneficiary is not a party, it would be against the principles of natural justice to interfere with the impugned order. On this short ground, the writ petition is dismissed.