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TMI Blog1996 (2) TMI 589X X X X Extracts X X X X X X X X Extracts X X X X ..... my School had not paid them the minimum wages fixed by the State Government from time to time, as per details given in the application and therefore they were entitled to reliefs enumerated under Section 20 (2) of the above said Act. The said provision reads as under : 20(2) Where an employee has any claim of the nature referred to in sub-section (1), the employee himself, or any legal practitioner trade union authorized in writing to act on his behalf, or any Inspector, or any Inspector, or any person acting with the permission of the Authority appointed under sub-section (1), may apply to such Authority for a direction under sub-section (3): Provided that every such application shall be presented within six months from the date on w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2(i) of the Act did not include an ex-employee. It was held in the said case that a person who is not in the actual employment of the employer at the time of making an application under section 20(2) of the Act, was not entitled to seek relief. Another Single Bench decision of the Punjab and Haryana High Court in Mahiya Vs. State of Haryana Ors. [1982 (1) Service Law Reporter 26] in line with the decision of M.C. Rajkot's case was taken in aid, to conclude that in the presence of these binding precedents the writ petition merited acceptance and on that basis the orders of the Authority was set aside. This has given rise to these special leave petitions. We grant special leave and dispose of the appeals simultaneously. Section 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ced in the Rules by Notification No. GSR 1301 dated 28.10.1960. The statutory language employed in the Form is a good hint to discern the true scope of Section 20(2) to determine whether a past employee can invoke the provisions of the Act or not. In Wakefield Estate v. P.V. Perumal [1958(16) FJR 1] a learned Single Judge of the Madras High Court took the view that since Section 20 of the Act speaks only of employees and does not speak of past employees and since the word `employee' is defined as a person who is employed, it must be held that the summary remedy provided by Section 20 is not available to past employees. This was the literal construction of Section 20(2) of the Act. Another learned Single Judge of the same High Court i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Minimum Wages Act, Patna and others [1976 ILR - Patna Series, 318] and the High Court of Mysore at Bangalore in Athni Municipality vs. Shetteppa Laxman Pattan and others [1965 volume 2 LLJ 307]. Thus on account of the preponderance of Authority, Sections 20(2) and 2(i) had to be read alongwith the Rules and Form VI to lean in favour of the view that both past and present employees were entitled to move in the matter. Such would be a purposive approach, which would carry out the necessary intendment of the statute, for which the Rules and the Form lend a hand to carry out the objectives of the Act. The language-employed therein, even though executive voiced, is more often than not, demonstrative of the legislative purpose. So viewed, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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