The Assistant Commissioner of Labour, Parvathipuram-the respondent herein inspected the theatre in December, 1995 and passed an order dated 18.12.1995 holding that the theatre was due of an amount of Rs.38,200/- to its employees towards the difference of the actual wages and the prescribed minimum wages and a direction was issued for payment of that amount as well as penalty of equal amount within three months. 2. Complaining that the amount, as directed, was not paid, the respondent filed Crl.M.P.No.3258 of 1996 before the Additional Judicial Magistrate of I Class, Parvathipuram under Section 20(5)(b) of the Minimum Wages Act, 1948 (for short 'the Act'). = The approach of the Court is not correct. It must not be forgotten that the entire mechanism of the Act is provided only to ensure that the workmen are paid the wages, in accordance with law. Once a workman appears before the Court and states that he has received the wages that were determined by the authority, the proceedings must halt there. Carrying out the matter further, despite such a plea, brings about a situation where the order passed by the authority tends to become a decree in his favour. That was not at all in the contemplation of the Legislature, when it enacted the Act.
The Assistant Commissioner of Labour, Parvathipuram-the respondent herein inspected the theatre in December, 1995 and passed an order dated 18.12.1995 holding that the theatre was due of an amount of Rs.38,200/- to its employees towards the difference of the actual wages and the prescribed minimum wages and a direction was issued for payment of that amount as well as penalty of equal amount within three months. 2. Complaining that the amount, as directed, was not paid, the respondent filed Crl.M.P.No.3258 of 1996 before the Additional Judicial Magistrate of I Class, Parvathipuram under Section 20(5)(b) of the Minimum Wages Act, 1948 (for short 'the Act'). = The approach of the Court is not correct. It must not be forgotten that the entire mechanism of the Act is provided only to ensure that the workmen are paid the wages, in accordance with law. Once a workman appears before the Court and states that he has received the wages that were determined by the authority, the proceedings must halt there. Carrying out the matter further, despite such a plea, brings about a situation where the order passed by the authority tends to become a decree in his favour. That was not at all in the contemplation of the Legislature, when it enacted the Act.