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1953 Supreme(Mad) 320

VENKATARAMA AYYAR, P.V.RAJAMANNAR
The South India Estate Labour Relations Organisation by its Secretary representing the managements of the following 180 Estates, the Colacumbie Estate – Appellant
Versus
The State of Madras – Respondent


Advocates:
K. Rajah Aiyar and R. Ramasubbu Aiyar for Petitioner.
The Advocate-General (V.K. Thiruvenkatachari), The Government Pleader (P. Satyanarayana Raju), Messrs. Row and Reddy, S. Mohan Kumaramangalam, Messrs. Arunachalam and Jagannadha Das and Co., V. Venkataraman, P.S. Balakrishnan and P.S. Ramachandran for Respondents.

Venkatarama Ayyar, J.-

The substantial question that is raised in this application is whether it is competent to the Government to refer a dispute concerning wages to adjudication by a Tribunal under section 10 of the Industrial Disputes Act, XIV of 1947, after there had been a fixation of minimum wages under the provisions of the Minimum Wages Act, XI of 1948. The petitioner is the South India Estate Labour Relations Organisation, an association representing 180 plantation estates in South India. On 25th September, 1950, the Government of Madras appointed under section 5(1)(b) of the Minimum Wages Act, a committe for fixing minimum wages in plantations and acting on their report, fixed minimum wages by G.O. No. 1093, dated 20th March, 1952, to take effect from 25th March, 1952. While the above Committee was carrying on its investigation, disputes arose between employers and employees in various estates. At a meeting of staff of these estates held on 20th May, 1951, a resolution was passed demanding an increase in the basic salary and dearness allowance and threatening, that in case of non-compliance within fourteen days, a strike-ballot would be taken. Vide Exhibit A annexed to the















































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