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1956 Supreme(SC) 115

B.P.SINHA, P.N.BHAGWATI, S.R.DASS, T.L.VENKATARAMA AYYAR
A. M. Allison: E. B. Shawe – Appellant
Versus
B. L. Sen – Respondent


Advocates:
B.N.GHOSH, C.K.DAFTARY, NAUNIT LAL, P.K.GOSWAMI, PURSHOTTAM TRIKAMDAS, S.N.MUKHERJEE

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-sectio




































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