Indian Law Cases

1. Minimum wages act, 1948

Case: Himanshu kumar vidyardhi and Ors. V State of Bihar and Ors

It was held that industrial laws do not apply to the employees whose service conditions are governed by statutory rules. And MWA clearly mentions that provisions of the aforesaid act are not applicable to the service of workman employed under the societies which are registered with the Registrar of Cooperative Societies.

Case: A.V.Prakash v Senior Labor Inspector

The definition of employer is a restrictive definition and only a person who employs one or more employees in any scheduled employment would be the employer.

Case: Mathuram Shukla v State of M.P. AIR

A person employing persons in any scheduled employment is not an employer within the meaning of the Act, if in respect of that employment minimum wages have not been fixed under the act.

Case: Surya Rau Nocil v S.R. Tendulkar

The person who engages workers through a contractor would also be employer under the Act.

Case: Shiv Prakash Ghosh v District Judge

Any person who is responsible to the owner of the supervision and control of the employees or for the payment of wages to them, is also an employer

Case: Linge Gowda Detective v Authority under Minimum Wages Act

From internal test –Q. If principal or contractor liable to pay minimum wages ?

Neither principal nor contractor is responsible for payment of minimum wages unless it is notified the MWA

Case: agricultural produce market committee v weighmen association

For no relationship of master and servant existed, the payment made to weighmen was not wages and MWA will not apply to weighmen. ---not get meaning after further held part.

Case: Secretary Padippu K.S. Sangam Ltd v C.Varghese

Appellant-고소인/항소인 respondent: 피고인 set aside: 파기하다/무효로 하다

The high court held that the appellant-society whose main activity is to collect milk from its members and distributes is not engaged in any employment scheduled under the Act. In the...