Law Shastra

New Dimensions of Patent Law: A Global Perspective

Mantec Consulant, Delhi challenged the proceedings initiated by the Labour Authorities under the Minimum Wages Act, on the grounds that the Company is neither notified as the Scheduled Employment nor notified under the Delhi Shops & Establishment. CRL. M.C. No. 2608/2010 and CRL. M.A. 13711/2010 (Stay), D/–11-4-2012 Judgment MUKTA GUPTA, J. —1. By the present petition, the Petitioner seeks setting aside of the order dated 28th July, 2010 passed by learned Metropolitan Magistrate summoning the Petitioner company for offence under Section 22 (A) of Minimum Wages Act (hereinafter referred to as ‘M.W. Act’) and quashing of the criminal complaint No. 15/10/MW titled as MW v. Mantec Consultant Pvt. Ltd. filed before the learned Metropolitan Magistrate. 2. Learned counsel for the Petitioner contends that the impugned order summoning the Petitioner company is bad in law. It is contended that provisions of Minimum Wages Act are not applicable to the Petitioner Company.

Employer Should  pay the wages by electronic credit Traditionally the workmen, especially the contract workmen are paid wages in cash and in fact the Contract Labour Regulation Act requires that t he Supervisor of the Principal Employer should be present to witness the payment of wages of the contract employees. This puts tremendous pressure and burden of liability on the Principal Employer and in the current scenario it is almost impracticable. While many industries obtain authorisation from their workmen for payment of wages by cheque/electronic credit, the States like Maharasthra have long back made necessary amendments to the Payment of Wages Act. Recently, (Feb 2012), the Kerala Government has also amended Section 6 of the Payment of Wages Act and issued direction to pay the wages only either by cheque or by crediting the amount in the bank account of the employees. Consequent to this amendment payment of salary by cash is withdrawn. The notification is appended

An Act to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments. WHEREAS it is expedient to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments and for certain other purposes hereinafter specified. It is hereby enacted as follows:- CHAPTER  I Preliminary 1. Short title extent and operation. This  Act may be called the Bombay Shops and Establishments Act, 1948. [(2) It extends to the whole of the State of Maharashtra.] (3) It shall in the first instance come into force in the local areas specified in schedule I: ^Provided that, on the com