M.S.MENON
Thomas – Appellant
Versus
State of Travancore-Cochin – Respondent
1. The petitioner is the owner of a rubber estate with an area of about 107 acres and employing 25 workers for the purpose of tapping rubber. The schedule to Ext. P2, a notification of the Government of Travancore-Cochin in exercise of the powers conferred on them by Cl. (a) of sub-s. (1) of S.3 read with Cl. (iii) of sub-s. (1) of S.4 of the Minimum Wages Act, 1948, specifies the minimum wages payable to such workers.
2. The relevant portion of the schedule as amended subsequently reads as follows: Women tappers will be paid at the rate of Rs. 1-6-6 per day.
II. Guaranteed Time Rates. Workers working on piece-rates shall be entitled to receive a guaranteed time rate over and above the piece-rates and irrespective of results. The rates shall be:-
III. The minimum piece-rates shall be as follows:-(b) tappers in Rubber Estates, shall be paid at the following rates varying with the yield of the estates concerned according to the following classification. In the case of estates where different types of rubber are grown each type may be classified on the basis of the average yield per acre during the previous year:
Class I - i.e. (yielding below 250 lbs. per acre per annum) 4 a
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