Sri Abdulla vs The Labour Officer and The Senior Labour Inspector

A.N. Venugopala Gowda, J.—The Petitioner, a two wheeler mechanic, runs a service center under the name "Roshen Bike Centre" at Thyagaraja Nagar, Bangalore. On 7.7.2003, the 2nd Respondent visited the said service center i.e., in the absence of the Petitioner and finding that, one Master Shuaib Ahmad, a minor was employed and was not being paid the minimum wages, proceedings were initiated against the Petitioner and ultimately an order dated 15.10.2005 was passed, whereby and where under, the Petitioner was directed to pay Shuaib Ahmad, the helper Rs. 223/- being the difference of a day''s minimum wage. Aggrieved by the said order, the Petitioner has preferred this writ petition.

Sri Shivaraju, learned Counsel appearing for the Petitioner placed on record an affidavit of Shuaib Ahmed @ Shib Ahmed, wherein he has sworn to the fact that, he is the grand son of the Petitioner and was not employed in the said service center and he was only visiting his grand father in the service center. Sri Shivaraju , learned Counsel reiterated the contentions taken in the writ petition and submitted that, without there being any evidence with regard to the employment of Shuaib Ahmed, impugned order has been passed arbitrarily and illegally.

Sri Jagadeesh Mundargi, learned Counsel appearing for the Respondents on the other hand attempted to justify the impugned order.

Having heard the learned Counsel on both sides and having perused the order impugned in this writ petition, in my opinion, the 1st Respondent has committed an illegality in holding that the Respondent had employed Shuaib Ahmed as a helper. There was no credible material for the 1st Respondent to pass the impugned order. The affidavit of Sri Shuaib Ahmed makes it clear that, he is the grand son of the Petitioner and there was no employment and in the circumstances the payment of wages much less the difference of the amount being the minimum wages, does not arise. The impugned order is arbitrary and illegal.

In the result, the writ petition is allowed and the impugned order is quashed. Parties to bear their respective costs.