Minimum wages claim is not the dispute under ID Act: Karnataka HC

Minimum wages claim is not the dispute under ID Act: Karnataka HC

Karnataka High Court in Indian Coffee Workers’ Co-Operative Society Limited vs. Office of the Labour Commissioner Bengaluru W.P No. 22751/2021, while answering the question as to whether Section 70 of the Karnataka Co-operative Societies Act, 1959 (“Societies Act“, which inter-alia provides that employees’ disputes will be referred to the registrar of societies and no civil or labour or revenue court or industrial tribunal shall have the jurisdiction to entertain the said suit) imposes an embargo on an authority under the Minimum Wages Act, 1948 (“MW Act“) to consider any claim for recovery of minimum wages, observed that the nature of disputes contemplated under Section 70 of the Societies Act are the ones contemplated under the Industrial Disputes Act, 1947 (“ID Act“) and certainly does not cover the claim for non-payment of minimum wages, thus Section 70 of the Societies Act does not impose any embargo on an authority under the MW Act to consider any claim for recovery of minimum wages and as such the said authority could consider an application for payment of minimum wages, which if not paid, could be recovered from the employer under the Payment of Wages Act, 1936.

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