Antonio Roig, Sucrs., S. en C. v. Minimum Wage Board
Antonio Roig, Sucrs., S. en C. v. Minimum Wage Board
Opinion of the Court
delivered the opinion of the Court.
The Minimum Wage Board filed a motion seeking the annulment of the writ issued in this case on the following grounds: 1st, because the decision attacked which was rendered by the Chairman of the Board is purely administrative without giving rise to any legal right; and, 2d, because the statutory requirements provided for a review were not fulfilled, that is, that no reconsideration of the decision complained of was sought.
The parties were heard as to the propriety of this motion and the petitioner alleges: 1st, that the decision appealed from is tantamount to a final order issued by the Board and is, therefore, re viewable under § 24 of the Minimum Wage Act; and, 2d, that a petition for reconsideration, even though not verified, ivas filed.
In the petition for,.review filed by A. Roig Sues., S. en G., in- this case, it is alleged, in brief, that by virtue of Decree No. 3 the Minimum Wage Board fixed minimum wages and maximum hours of work for the agricultural and industrial phase of the sugar industry in Puerto Rico; that on October ■22, 1945, the petitioner received a letter from the Board informing it that it owed the amount of $23,767.02 to certain employees and demanding payment thereof; that on October
Petitioner then alleged that the Board acted without authority and in excess of its power because of different reasons which it enumerates under letters (a) to (i). Some of them, to wit, (a), (b), and (d), attack the weighing of the evidence and others raise questions of law.
Conceding, without holding, that the decision appealed from was one rendered by the Board (the respondent maintains that it is not), it is not alleged in the petition that petitioner sought the reconsideration of said decision, as required by § 24(b) of Act No. 8 of April 5, 1941 (Laws of 1941, p. 302) as amended by Act No. 217 of May 11, 1945 (Laws of 1945, p. 680), in order to make it final and reviewable by this Court, according to subdivision (d) of the same Section.
This would be sufficient reason to annul the writ issued, but we deem it advisable to add, that even if the reconsideration had been sought and denied, the decision of
For the reasons stated the. writ must he quashed and the petition dismissed.
It should he noted that Act No. 451 approved on May 14, 1947, which went into effect on July 1, in again amending § 24, eliminated the requirement oí a reconsideration and the final effect which the preceding act gave to the decision of the Board in deciding the reconsideration sought.
Pursuant to Act No, 451i of 1947, this Section is amended and the power is vested in the Commissioner of Labor.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.