1986 Supreme(Kar) 180
Karnataka High Court
Judges : P.P.Bopanna
KARNATAKA FILM CHAMBER OF COMMERCE - Appellant
Versus
STATE OF KARNATAKA - Respondent
Writ Petition 5175 To 5226 Of 1986
Decided On : 04/17/1986
( 2 ) THE main grievance of the petitioners in these petitions is that the impugned Notifications in these petitions are not in accordance with the directions made by this Court in the earlier Writ petitions (hereinafter referred to as the ASPINWAL Case ). It is further submitted by the petitioners that what has been fixed under the impugned Notifications are not the minimum wages as required to be fixed under Section 4 (1) (i) of the Minimum Wages Act (in short the 'act') and therefore the said Notifications are wholly without jurisdiction.
( 3 ) CERTAIN facts which are not in controversy between the parties will have to be stated before considering the competing contentions of the parties in these Writ Petitions.
( 4 ) CERTAIN proposals to revise the minimum wages in the petitioners' industries were made by the state Government on the 22nd July, 1981 and objections and suggestions were called for from persons likely to be affected by the said proposals. After considering the objections and suggestions, final notifications were issued by the State Government on 24th February, 1982 fixing certain rates of minimum wages and those notifications were challenged by the petitioners in W. P. No. 11521 to 11525 and other connected Writ Petitions. This Court quashed the aforesaid notifications and directed the State Government to re-constitute the Karnataka State minimum Wages Advisory Board and to place all the objections and suggestions received by it along with its views before the said Board for its recommendations. Accordingly, the State government reconstituted the Advisory Board by its order dated 29th August, 1983 and placed the objections and suggestions received and considered by it before the Board and consulted the board before it issued the Notifications dated 24th May, 1984. These notifications also were challenged by the petitioners and by certain sections of the workmen in the ASPINWAL case. This Court by its Judgment dated 24th January, 1985 issued a Writ in the nature of mandamus to the State Government to refix the rates of dearness allowance in some cases and wages and dearness allowance in some other cases. The Court also made certain other directions fixing the date on which the refixation of dearness allowance or the wages as the case may be should come into effect. Accordingly, the State Government consulted the Advisory Board in the light of the judgment of this Court in ASPINWAL case, reconsidered the rates of dearness allowance payable to the employees in the various industries and refixed the cost of living allowance effective from 1st April, 1985 as per de