Judgement

BHAGWATI, J:- These two appeals with certificates under Art.133(1)(c) of the Constitution are directed against a judgement of the High Court of Judicature in Assam dismissing the appellant s applications under Art.226, challenging the orders of the first respondent Shri. B. L. Sen, Deputy Commissioner, Sibsagar, whereby he allowed the applications filed on behalf of the labourers employed in the Teok Tea Estate and the Dalim Tea Estate under S.20 of the Minimum Wages Act, 1948 (Act XI of 1948) hereinafter referred to as the Act.

2. On March 11, 1952, the Government, of Assam, in exercise of the powers conferred by S.3 read with sub-s (2) of S.5 of the Act issued the following notification:

"No. GLR- 352/51/56 - In exercise of the powers conferred by S.3 read with sub section (2) of section 5 of the Minimum Wages Act. 1948 (XI of 1948), as amended the Governor of Assam, having considered the advice of the committee appointed under clause (a) of sub-section (1) of section 5 of the said Act, is pleased to fix minimum wages which will come into force with effect from the 30th March, 1952, consisting of basic wages and dearness allowance in terms of clause (1) of the sub-section (1) of see. 4 of the said Act, at the rates as specified in the schedule hereto annexed payable to employees employed in tea plantation in the different districts of Assam.

2. These rates are exclusive of concessions enjoyed by the workers in respect of 12 supplies of food-stuffs and other essential commodities and other amenities which will continue unaffected. The existing tasks and hours of work may continue until further orders.

SCHEDULE

1. ORDINARY UNSKILLED LABOUR

Adult male. Adult female

(16 years & above) (16years & above)

Basic wage D.A. Total. Basic wage D.A. Total

(p.d.) (p.d.) (p.d.) (p.d.) (p.d.) (p.d.)

2 Rest of Assam Rs. Rs.

Valley As. 12/- As. 6/- 1/2/- As. 11/- As. 5/- 1/-/-

3. By notification No. GLR 44/51, dated April 16,1952, the said Government introduced the Minimum Wages Rules which, inter alia, provided.

"Rule 24. Number of hours of work which shall constitute a normal working day:

(1) The number of hours which shall constitute a normal working day shall be-

(a) in the case of an adult, 9 hours; subject to maximum of 48 hours in a week;

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

4. By another notification No. GLR 352/51 dated May 12,1952, the said Government explained that the word may mentioned in the notification dated March 11, 1952 will have the force of "shall". The result was that in cl. (2) of the said notification, the last sentence ran as: "The existing tasks and hours of work shall continue until further orders".

5. Prior to the fixation of the minimum wages (consisting of basic wages and dearness allowance) as aforesaid, the labourers engaged in plucking tea leaves in these tea estates used to be paid basic wages for male labourers at as. 8 per day for plucking 16 seers of green leaves and for female labourers at as.6 per day for plucking 12 seers of green leaves. This was the work-load or task in respect of which the basic wages of as. 8 and as. 6 respectively were paid to these labourers apart from the dearness allowance in addition to such basic wages. If the labourers plucked larger quantities of green leaves they use to be paid by way of ticca extra wages at the rate of 6 ps. per seer in excess of 16 seers and 12 seers respectively. It may be noted that the payment of basic wages on the above computation also worked out at the rate of 6 ps. per seer of green leaves plucked by the labourers.

6. Even after the fixation of the minimum wages by the said notification, the managers of these tea estates continued to pay to the labourers wages at the rate of 6 Ps. per seer of green leaves plucked by them. They, however, in view of the fact that as per day were fixed as the basic wages for the male