Summons for Minimum Wage Case: How Should We Handle This Legal Surprise?

Summons Received for Minimum Wage Case

We have received a summons in the name of our project manager from the C.J.M. office for a case inspected by L.E.O. (Central) regarding minimum wages on the 19th of September 2010. We submitted a written clarification for the offenses they found at our project site on the 20th of October 2010, and at that time, they informed us that the reply was satisfactory. We believed the case was closed.

However, on the 2nd of November 2012, we received a summons in the name of our project manager for the same case. We were shocked after obtaining the case details from the Chief Judicial Magistrate, as the letter stated that our reply was not satisfactory.

There is also an issue with the dates; the incident date was the 14th of June 2012, and we received the summons on the 2nd of November 2012 from a police inspector, delivered to our security guards.

Therefore, I request all Law or HR managers to respond so that I can handle this situation efficiently.

It appears the notice was not replied to properly, and also the complaint case was not attended to properly at the beginning stage. Is there anything in writing, or is there any evidence of your statement that the authority was satisfied that there was no breach of the Act? Have they recorded their observation in the file? You have just mentioned that the authority was satisfied. But what? Was the authority satisfied that the breach was committed? Don't make any delay in the matter and avoid appearance on one and the other ground like the summons was not received by the proper person or like this… Just appoint a good advocate and contest the case, taking your entire defense; otherwise, your company will be in trouble.

Regards,
pkjain

You have received the summons, which clearly means that a case has been filed against you for a breach of provisions of the law. You mentioned that the reply was submitted, and you were told that the answer is satisfactory. This is where most of us get into trouble. Authorities always assure that the replies submitted by us are satisfactory, but they never provide it in writing. It is always suggested that such statements like "reply found satisfactory" are taken in writing.

However, since you have already received the summons, it is best that you appear and appoint a good advocate to defend your case.

Regards,
Preetam Deshpande

The replies are copies of the statement and are sufficient for the purpose of inspection by the LEO. In order to substantiate the complaint made against the CO, all have received the summons to adduce evidence. The contents of the replies are statements that may be used against the employer. It will be in the interest of the CO if a good lawyer is engaged. I guess the CO must have received some notice from the Court as well.

No, we haven't received any intimation from the court or the first hearing date either. We just received a summons dated 02.11.2012 for the hearing date of 14.07.2012.

I also talked to L.E.O about why, if the answer is not satisfactory, they don't send a second show cause notice to us. When they file a case in the C.J.M court, why don't they inform us about it? Who will notify us about the case? The court will not be liable, and L.E.O also says that they are not liable to send any such intimation to the company. Then who will inform us? How will we know that such a case is ongoing in the C.J.M court?

Now there is no use in any complaint or discussion. Since the case has been filed, rightly or wrongly, you have to contest it. As advised earlier, please don't waste time and take appropriate action.

The penalties are very severe for non-compliance with the provisions of the MWA, so take immediate action. Appear before the court and inform the court that the court's summons was served after the expiry of the date. If any order against your company has been passed ex-parte, also submit a recall application.

Regards,
Pkjain

Issue with Project Manager's Representation

We have a problem because our job site was closed in December 2011, and the project manager resigned on the same date. How should we present him since he is no longer with our company?

We have two job sites: one is BF#2 (blast furnace) and the other is CRM. This incident occurred at BF#2, which was closed in December 2011.

Implications of an Ex Parte Order Against Your Company

What would happen if the court passed an ex parte order against your company? If the recovery or decree is imposed on the company or its Directors, occupier, or any other competent authority of the company, whoever is found responsible under the law, it could have significant implications.

The project may end, but the company will always exist and cannot rid itself of its responsibilities. Though this may be a good ground for your defense, please consult an advocate and appear before the court to inform the court about the facts. If, after considering all relevant facts, the court finds that the case is not maintainable, it may dismiss the same.

Regards,
pkjain

Just hire an advocate, and the person concerned, i.e., the project manager, should appear before the CJM. Do not contest and let the authority (CJM) impose a fine. Deposit the same at once with the Court Reader and try to dispose of the cases at the first stage. There shall always be a margin of error in maintaining proper records or fulfilling all the obligations required by law.

Regards,
Raj.

Understanding Section 22 of the Minimum Wages Act, 1948

Under Section 22 of the Minimum Wages Act, 1948, the provisions are as follows: Any employer found guilty of contravening any rule or order made under Section 13 shall be punishable with imprisonment for a term which may extend to six months, or a fine which may extend to five hundred rupees, or with both.

There are some state amendments as well, where the imprisonment may extend to one year and the fine can be up to three thousand rupees.

I have faced a case in which the Chief Metropolitan Magistrate (CMM) was inclined to award imprisonment, and we had to fight up to the High Court, from where we could get relief. As such, the matter needs to be dealt with all precautions.

Think before you plead guilty. As PKJ sir has pointed out, courts may decide to award imprisonment. Whether the project manager is in service or not, or whether the project is running or not, the 'occupier' or 'owner' will continue to be liable. Ask your lawyer to verify all the facts carefully and then file a guilty plea if there is a real issue. See Labour laws for companies in India for basic info on the Minimum Wages Act.

Regards,
R Ganesh [Phone Number Removed For Privacy Reasons]

Please note that there is a limitation act that applies to filing any case. If you have missed the first hearing, do not panic. Stay calm; it can be sorted out very easily. Appoint a good lawyer, and everything will be on the right track. An ex-parte decision is not a decree; it's only a temporary decision and can be challenged or recalled within the time frame with court permission. It's also not always possible to have an ex-parte decision due to various reasons. Stay calm as you are with L & T, and I hope there is a legal cell for this. Pass your matter to the legal team.

Regards,
Satyendra Singh
MPhil, MBA, LLB

It is good that everyone should know we should approach the case with the right perspective and then consider technicalities. It is always better to approach the case with care.