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HIGH COURT OF CALCUTTA
H. K. Bose, G. K. Mitter
BENGAL MOTION PICTURES EMPLOYEES UNION, CALCUTTA - Appellant
Versus
KOHINOOR PICTURES PRIVATE LTD. - Respondent
A. F. O. O. 201 Of 1961
Decided On : AUGUST 14, 1963
The High Court of Calcutta held that the notification issued by the Government of West Bengal fixing minimum wages for employees in the cinema industry was valid except for certain provisions that were beyond the government's authority. The court found that the government had the power to fix minimum wages for different classes of workers in different parts of the cinema industry and that the classification of workers was not arbitrary or discriminatory. However, the court held that the government did not have the authority to fix the period of apprenticeship or probation, to provide for the continuance of higher wages or existing privileges, or to correlate the minimum wages to the work load or hours of work. The court directed the government to fix the hours of work for different categories of employees before the notification could be given effect.
Fact of the Case:
The Government of West Bengal issued a notification fixing minimum wages for employees in the cinema industry. The notification was challenged by a company that distributed cinema films, arguing that the government did not have the authority to fix minimum wages for different classes of workers in different parts of the cinema industry and that the classification of workers was arbitrary and discriminatory. The company also argued that the government did not have the authority to fix the period of apprenticeship or probation, to provide for the continuance of higher wages or existing privileges, or to correlate the minimum wages to the work load or hours of work.
Finding of the Court:
The High Court of Calcutta held that the notification issued by the Government of West Bengal fixing minimum wages for employees in the cinema industry was valid except for certain provisions that were beyond the government's authority. The court found that the government had the power to fix minimum wages for different classes of workers in different parts of the cinema industry and that the classification of workers was not arbitrary or discriminatory. However, the court held that the government did not have the authority to fix the period of apprenticeship or probation, to provide for the continuance of higher wages or existing privileges, or to correlate the minimum wages to the work load or hours of work. The court directed the government to fix the hours of work for different categories of employees before the notification could be given effect.
Issues: 1. Whether the government had the authority to fix minimum wages for different classes of workers in different parts of the cinema industry? 2. Whether the classification of workers was arbitrary or discriminatory? 3. Whether the government had the authority to fix the period of apprenticeship or probation? 4. Whether the government had the authority to provide for the continuance of higher wages or existing privileges? 5. Whether the government had the authority to correlate the minimum wages to the work load or hours of work?
Ratio Decidendi: 1. Yes, the government had the authority to fix minimum wages for different classes of workers in different parts of the cinema industry. 2. No, the classification of workers was not arbitrary or discriminatory. 3. No, the government did not have the authority to fix the period of apprenticeship or probation. 4. No, the government did not have the authority to provide for the continuance of higher wages or existing privileges. 5. No, the government did not have the authority to correlate the minimum wages to the work load or hours of work.
Final Decision: The High Court of Calcutta held that the notification issued by the Government of West Bengal fixing minimum wages for employees in the cinema industry was valid except for certain provisions that were beyond the government's authority. The court found that the government had the power to fix minimum wages for different classes of workers in different parts of the cinema industry and that the classification of workers was not arbitrary or discriminatory. However, the court held that the government did not have the authority to fix the period of apprenticeship or probation, to provide for the continuance of higher wages or existing privileges, or to correlate the minimum wages to the work load or hours of work. The court directed the government to fix the hours of work for different categories of employees before the notification could be given effect.
( 1 ) THIS is an appeal from an order of Sinha J. made on a writ petition quashing a notification dated the 16th May, 1960 issued under the Minimum Wages Act, 1948 and directing the respondents to forbear from giving effect to the same.
( 2 ) ON 19th May, 1959 the Government of the State of West Bengal in exercise of its powers under Section 27 of the Minimum Wages Act, 1948 issued a notification, adding the cinema industry in West Bengal in Part 1 of the Schedule 1 to the said Act as one of the scheduled employments. This notification was published in tha Calcutta Gazette on 4th June 1959. On 16th May 1960 the said State Government issued a notification fixing the minimum wages of several categories of employees employed in the cinema industry in West Bengal in exercise-of its powers under Section 3 of the Minimum Wages Act This notification was published in the Calcutta Gazette-dated the 19th May 1960. On 31st May, 1960 one Surendra Ranjan Sarkar and two others made an application to this Court under Article 226 of the Constitution for a writ in the nature of mandamus calling upon the State of West Bengal to recall, annul and cancel the said notification dated the, 16th May, 1960. On the same date this Court issued a Rule Nisi and this application was numbered as Matter No. 134 of 1960. The basis of me said application in Matter No. 134 of 1960 was that certain meetings of the Advisory Committee mentioned? in Section 5 of the Minimum Wages Act were not properly held and the advice purported to be given by the said Committee at meetings alleged to have been held after the 4th May 1950 was illegal and void. As the decision of the question raised was found to involve serious disputes on questions of facts, Sinha, J. made an order on 9th June, 1961 by which permission was given to the said petitioners to withdraw the application with liberty to take such proceedings or suits as they might be advised. On the 11th June 1961, a letter was written by the Deputy Labour Commissioner to one Nishat Cinema at Howrah insisting upon the implementation of the provisions of the said notification dated the 16th May 1960, with effect from the date of the said notification. On 13th July 1961 the solicitors for the said Nishat Cinema-wrote a letter to tha Secretary, Labour Department, Gov ernment of West Bengal, challenging the legality and validity of the notification dated 16th May 1960 on grounds mentioned in the said letter and calling upon the Government to withdraw or cancel the said notification and to refrain from giving effect to the same. On 18th July 1961 the Labour Commissioner, West Bengal, wrote a letter to the Secretary, Bengal Motion Picture Association, respondent No. 2, intimating that a conference would be held on the 19th July 1961 at his Chamber to discuss-the matter of lockout in the cinema house which had taken place at that time. A copy of this letter was forwarded to the Bengal Motion Picture Employees union, being the appellant before us. As a result of the meeting held by the Labour Commissioner a memorandum of settlement was entered into between the Bengal Motion Picture Association, Bengal Motion Picture Employees Union and Bengal Provincial Trade Union Congress by which it was inter alia agreed as follows;" (a) The management of Cinema House in West Bengal agree to inform the employees that it has accepted in principle the said notification prescribing minimum wages for the workers of the cinema industry in West Bengal. (b) In view Of the fact that the financial position of the management does not peirmit full implementation of the said notification, the management is applying within 15 days to the State Government for a revision under the Minimum Wages Act. (c) The list of houses that have informed Bengal Motion Picture Association about its intention for immediate implementation is enclosed. Those houses will immediately inform their employees and Government about the steps they intend to take fo
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