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1967 Supreme(SC) 226

G. K. MITTER, K. N. WANCHOO
Pabbojan Tea Company, LTD. – Appellant
Versus
Deputy Commissioner. Lalchimpur – Respondent


Advocates:
B.P.SINGH, H.R.GOKHALE, NAUNIT LAL, P.K.GOSWAMI, R.GOPAL KRISHNAN

Judgement

MITTER, J. : The central question in these appeals is, whether the civil Court had jurisdiction to entertain the suits and grant the reliefs claimed.

2. The facts are as follows :- By a notification dated March 11, 1952 the Governor of Assam fixed the minimum wages which were to come into force with effect from March 30, 1952, consisting of basic wages and dearness allowance in terms of cl. (i), sub-s. (1) of S. 4 of the Minimum Wages Act, 1948, at the rates specified in the Schedule to the notification payable to the employees employed in Tea plantations in the different districts of Assam. Under the notification, the rates were to l, exclusive of concessions enjoyed by the workers in respect of supplies of food-stuff and other essential commodities and amenities which were to continue unaffected. Further the existing tasks and hours of work were to continue until further orders. The Schedule shows that the notification was to apply to "ordinary unskilled labour" which was again sub-divided into three classes, namely, (a) adult male (16 years and above), (b) adult and female (16 years and above) and (c) working children (below 16 years and above 12 years). The rates were a



















































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