Cashier’s 2008–17 Minimum-Wage Claim Limited To Apr–Sep 2017; Karnataka HC Cites No Delay-Condonation Application for Earlier Years

The petitioner worked as a Cashier-cum-Accountant for respondent No. 2 from 1 June 2008 to 10 September 2017.

He filed a claim under Section 20(2) of the Minimum Wages Act, 1948, seeking minimum wages for that entire period. The Authority granted wages only for April to September 2017 and did not allow the claim for the earlier period. The petitioner challenged that decision, contending that the Authority had given no reasons for denying the earlier claim.

Section 20(2) of the Minimum Wages Act, 1948 requires an application claiming minimum wages to be presented within six months from the date the wages became payable.

Its proviso permits the Authority to admit a late application if the applicant satisfies it that there was sufficient cause for not applying within the prescribed period. The Authority may therefore condone delay and consider the claim on its merits where sufficient cause is shown.

The claim petition was filed on 12 June 2018, but the petitioner had not filed an application seeking condonation of delay for the earlier-period claim. The State also stated that no such application had been made, and the petitioner’s writ pleadings did not assert otherwise.

In the absence of a condonation application and sufficient cause for the delay, the Authority was justified in restricting its consideration to the period it treated as permissible under Section 20(2). The Court accordingly found no error or illegality warranting writ interference.

It reserved liberty to the petitioner to pursue any remedies available in law, if permitted.