RAGINI SINHA versus STATE OF BIHAR & ORS.

A concurrent finding of fact recorded by the competent authority and appellate authority regarding the employment and wage entitlement of the workers is binding; adequate opportunity was provided to the appellant; penalty imposed was justified and the appellant is to pay the amounts to the legal representatives of the deceased workers.

Parties: Appellant: Ragini Sinha; Respondents: State of Bihar & Ors.
Jurisdiction: India
Judgment Date: 07 January 2019
Procedural Posture: Civil Appeal / Final Hearing and Decision on Appeal From Division Bench Judgment of High Court
Outcome: Appeals dismissed.
Legal Topics: Minimum Wages, Delay/laches, Necessary Party

Labour Law Minimum Wages Delay/laches Necessary Party

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Ragini Sinha

Appellant

State of Bihar & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Hearing and Decision on Appeal From Division Bench Judgment of High Court

Legal Issues

1 Whether the High Court was justified in upholding the orders of the authorities under the Minimum Wages Act, 1948.
2 Whether adequate opportunity was accorded to the appellant to defend.
3 Whether the penalty imposed was excessive and justified.

Ratio Decidendi

Court Disposition

Appeals dismissed.

Orders

Appellant directed to calculate and pay the entire amount payable to the two deceased workers to their legal representatives within three months from the date of the order.
Appellant to submit compliance report within three months to the Supreme Court and competent authority.