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1985 Supreme(Kar) 468

IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Rama Jois, J.
Aspinwal and Co. Ltd. and others —Appellant
Vs.
State of Karnataka and others —Respondent
Writ Petition No. 10480 of 1984 etc.
Decided on : 24-01-1985

Advocates:
Advocate appeared:
Mr. Bhoopalam and Associates, A.G. Holla, D. Leelakrishnan, M.C. Narasimhan, H. Neelakanta Rao, C K. Subba Rao, V. Gopala Gowda, S.B. Swethadri, Harikrishna Holla, A.V. Srinivas, G.K. Shevagoor, B.V. Katageri, King, Patridge, S. Vijayashankar, S.G. Sundarswamy, K.J. Shetty, K.I. Bhatta, V.L. Narayana Rao, S.N. Murthy, S. Krishnaiah B.C. Prabhakar, G. Kasturi, B. Bhavani Shankar Rao, for the Appellant

ORDER

Rama Jois, J.—In these Writ Petitions, the Petitioners, have questioned the validity of the notifications issued by the State Government under Section 3 of the Minimum Wages Act ('the Act' for short) fixing minimum wages for various employments specified in Part-II of the Schedule to the Act. The first group of these Petitions are by the employers and the second group are by Trade Unions on behalf of workmen in various industries. Both are aggrieved by the impugned notifications, but for different reasons.

2. The facts of the case, in brief, and to the extent necessary for the consideration of general points arising for consideration in these Petitions are as follows : Minimum wages had been fixed for various categories of employees in different schedule employments under the Act by earlier notifications issued in or about the year 3978-79 under Section 3 of the Act. In the year 1981, the State Government proposed to revise the rates of minimum wages by the mode specified in Section 5(1)(b) of the Act. For this purpose the State Government, as required under Section 5(1)(b) of the Act, published its proposal by notifications in July 1981 inviting representations from persons likely to be affected thereby. The Petitioners and others who are managements of different kinds of scheduled employments, made their representations. Similarly, representations were also made on behalf of the workmen engaged in those employments. The State Government, as required under the proviso to Section 5(2) read with Section 7 of the Act consulted the Advisory Board constituted in terms of Section 9 and issued final notification on 11-2-1982 and other dates fixing minimum wages of different categories of workmen, in various employments. Aggrieved by the said notifications large number of Writ Petitions, namely, W.P. No. 11521 to 11525 of 1982 and connected cases, were presented before this Court. Those Writ Petitions were allowed. The operative portion of the said judgment reads.

"99, For the aforesaid reasons, these Petitions are allowed and the impugned notifications fixing/revising the minimum rates of wages are quashed, with the following direction;-

(1) The Government, in the light of observations made herein shall constitute a new Advisory Board consisting of independent members as provided for under Section 9 of the Act read with Rule 4 of the Karnataka Rules, who would be in a position to discharge their statutory obligations as members of the Board under Section 5(1)(b) read with the proviso.

(2) Their presentations received by the Government pursuant to the draft notifications shall be considered by the Government, and in the case of fixation of minimum rates of wages in the concerned industries, the Government would be at liberty to fix: minimum wages after a consideration of all the relevant factors in the representations made by the affected parties.

(3)In the case of revision of minimum wages, the Government, after considering the relevant factors in the representations of the affected parties, shall consult the Advisory Board as required under the proviso and for a proper consultation with that Board, the considered views of the Government on those representations made to it must be made available to the Board.

(4) The Government shall take expeditious action, and in any event before the 31st of December 1982, and publish the final notifications on or before that date in the interests of thousands of workmen whose day to day necessities of life are protected by the Act.

(5) Till such time, the Petitioners shall continue to pay 50% of the wages enhanced by the impugned notifications in all these cases, subject to adjustment against the wages to be fixed or revised under a fresh notification."

Writ Appeals have been filed against the said judgment which are still pending. However, during the pendency of the said Appeals, the State Government proceeded to constitute a new Advisory Board ('the Board' for short) in terms of Section 9 of the A


















































































































































































































































































































































































































































































































































































































































































































































































































































































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