Y. A. Mamarde And Nine Others And Ghanshyam And Eight Others vs Authority Under The Minimum Wages Act (Small Causes Court) Nagpur

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1972 Supreme(SC) 224

SUPREME COURT OF INDIA
C.A. VAIDIALINGAM, I.D. DUA AND G.K. MITTER, JJ.
Y. A. Mamarde and others, (In C. A. No. 1704 of 1967) Ganshyam and others (In C. A. No. 1937 of 1967), Appellants
Versus
Authority under the Minimum Wages Act (Small Causes Court), Nagpur and another (In both the Appeals,), Respondents.
Civil Appeals Nos. 1704 and 1937 of 1967, D/- 12-4-1972.
Advocates appeared
M/s. H. W. Dhabe and A. G. Ratnaparkhi, Advocates, for Appellants (in both Appeals), Dr. W. S. Barlingay, Sr. Advocate (Mr. P. C. Bhartari, Advocates for M/s. J. B. Dadachanji and Co. with him), for Respondent No. 2 (In both the Appeals.)

Advocates:
A.G.Ratnaparkhi, H.W.DHABE, J.B.DADACHAN, P.C.BHARTARI, W.S.Barlingay

Headnote:
Constitution of India,1950 – Article 227 - Rule 25 of M.P. minimum Wages Rules – Rule 25 - Minimum Wages Act – Section 13(1)(c) and 5(2) - Wages – Rate of wages - One and 9 other employees of Octroi Department of Corporation filed an application under S. 20 of Act in Court of Small Causes at which was Authority appointed under Act - Application was presented through General Secretary of Nagpur Corporation Employees Association which was a registered trade union - That the applicants are employees working in non-applicant Corporation in Department of School - Minimum wages notification has been issued in respect of this industry by Government and minimum rates of wages are fixed 1-12 per day for eight hours - Whether applicants who belong to category of skilled or semi-skilled labour can apply under section 20 of the Minimum Wages Act – Held, Court are clearly of view that contemplates for overtime work double rate of wages which worker actually receives, including casual requisites and other advantages mentioned in explanation - This rate, in court opinion, is intended to be minimum rate for wages for overtime work - Extra strain on health of worker for doing overtime work may well have weighed with the rulemaking authority to assure to worker as minimum wages double ordinary wage received by him so as to enable him to maintain proper standard of health and stamina - High Court was not right in holding the second notification to be applicable to all categories of labour - Result, therefore, is that both appeals are allowed and the case is sent back to Authority under the Minimum Wages Act for a fresh decision in accordance with law and in light of the observations made – Learned counsel undoubtedly desired court to go into various claims of the employees but in our view it would be more in the interest of justice that matter is remitted back to Authority for a fresh decision - Appellants would get their costs in this Court - Appeal allowed.

Judgment

DUA, J.:- These toe appeals by special leave (C. As. Nos. 1704 and 1937 of 1967) are directed against the judgment of a Division Bench of the Bombay High Court dated August, 19, 1966 dismissing four applications under Art. 227 of the Constitution arising out of orders made by the Authority under the Minimum Wages Act 11 of 1948 (hereinafter called the Act) in repeat of claims made by employees of the `City of Nagpur Corporation (hereinafter called the Corporation) working in various Departments of the Corporation.

2. On July 13, 1964 Sitaram Madhorao, Chaukidar and 9 other employees of the Octroi Department of the Corporation filed an application under S. 20 of the Act in the Court of Small Causes at Nagpur, which was the Authority appointed under the Act. The application was presented through the General Secretary of the Nagpur Corporation Employees Association which was a registered trade union. The application is brief and, therefore, we consider it proper to reproduce its material parts in its own words:

"The applicants above named beg to submit as under:

(1) That the applicants are employees working in non-applicant No. 1, Nagpur Corporation in Department of School & ors. The Minimum wages notification has been issued in respect of this industry by Government on 21-2-1951 and the minimum rates of wages are fixed 1-12 per day for eight hours.

(2) that the applicant have not been paid over-time wages for this period over-time wages for this period though they are entitled to get double the wages as they are required to work beyond prescribed hours and holidays.

(3) That the applicants have been required to work overtime for 30, 65, 8 and 51 hours every week, during the period from 1-1-1964 to 30-6-1964 and total claim of are shown in the annexure. The total amount claimed is Rs. 8670.18.

(4) That the applicants estimate the value of the relief sought by them of the sum of Rs. 8670.18.

(5) Applicants pray that a direction may be issued under sub-s. (3) of Section 29 for (a) payment of the difference between the wages due according to minimum rate of wages fixed by job and wages actually paid amount overtime wages Rs. 8670.18

(B) Compensation amount to Rupees 100.00

(6) That demand has been made for this overseer claim from 1-1-1964 to 30-6-1964.

Earlier on June 23, 1965. T. R. Khante, Time-keeper and 13 other employees of the Water Works Department of the Corporation had similarly applied under S. 20 of the Act through B. M. Mahale, General Secretary of the Nagpur Corporation Employees Association. This application reads:

"The applicants above named beg to submit as under:

(1) That the applicants are employees working in non-applicant No. 1, Nagpur Corporation in Department of Waters Works. The minimum wages notification has been issued in respect of this industry by Government on 21-2-1951 and the minimum rates of wages are fixed 1-12 per day for eight hours.

(2) That the applicants have not been paid over-time wages for this period though they are entitled to get double the wages as they are required to work beyond prescribed hours and holidays.

(3) That the applicants have been required to work and overtime for 8 hours every week during the period from 1-8-63 to 31-1-64 and the total claim of are shown in the annexure. The total amount claimed is Rupees 1987.48.

(4) That the applicants estimate the value of the relief sought by them of the same of Rs. 1047.48.

(5) Applicants pray that direction may be issued under sub-s. (3) of section 29 for (a) payment of the difference between the wages due according to the minimum rate of wages fixed by the job and wages actually paid amount overtime wages Rs. 1047.48.

(6) That compensation amounts to Rs. 140.00

(7) That demand has been made for this claim from 1-8-63 to 31-8-64.

3. On November 10, 1964 some preliminary objections raised by the Corporation were disallowed by the Authority and the applications were directed to be tried on the merits.

4. On February 17, 1965 the Authority

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