IN THE HIGH COURT OF JUDICATURE AT MADRAS
HULUVADI G. RAMESH & M.V. MURALIDARAN, JJ.
State of Tamil Nadu Rep. by its Secretary Labour & Employment Dept. Secretariat, Fort St. George Chennai – Appellant
Vs.
M/s. Sri Renga Apparels (India) Pvt. Ltd. Rep. by its Senior General Manager, Mr. M. Rajendra – Respondent
W.A. No. 867 of 2015 & W.P. Nos. 34161, 34162, 34164, 34186, 34163, 34187, 34188, 34346, 34435, 34444 of 2014 & W.P. Nos. 15451, 117 TO 124, 198 TO 200, 262, 346 TO 361, 4239, 639 TO 654, 681, 1245, 1246, 1844, 2196 TO 2206, 2219, 2228 TO 2237, 2514 TO 2518, 2822, 2891 TO 2893, 2904 TO 2908, 3156, 3157, 3257 TO 3260, 3380, 3381, 3431, 3432, 3775 TO 3777, 3824, 3910, 3911, 3919, 3929, 3994, 3995, 4098, 4222, 4298 TO 4301, 4343 TO 4347, 4386, 4387, 4399, 4400, 4414 TO 4418, 4608 TO 4612, 4697, 4798, 4763 TO 4767, 5023, 5024, 5076, 5226, 5227, 5271, 5777, 5290, 5291, 5317, 5318, 5416 TO 5428, 5473, 5474, 5479, 5480, 5483 TO 5485, 5517, 5518, 5519, 5526, 5605, 5614 TO 5618, 5672, 5811, 5812, 6054 TO 6057, 6145, 6146, 6395, 6642 TO 6647, 6654, 6665, 6753, 6764, 6765, 6885 TO 6888, 7650, 7665, 7674, 7689, 7690, 6738, 8008, 8116, 8265, 8371 TO 8376, 8554 TO 8556, 7947, 7948, 7840, 7940 TO 7944, 7322, 7108, 7109, 7310, 8285 TO 8293, 8276 TO 8284, 3748, 8189, 8812, 8667, 8905, 8614, 8330, 9376, 9382 TO 9384, 9607, 9204 TO 9207, 9087, 9088, 8889, 8890, 8853, 9036, 9037, 9478, 11677, 11683, 11797, 13198, 3645, 3646, 7458 TO 7463, 10844 TO 10846, 10855, 10856, 12987, 12988, 14504, 14505, 15235 TO 15237, 15542 TO 15550, 15576 TO 15584, 15602 TO 15606, 16850 TO 16852, 20024, 21188, 14975, 12088, 12089, 12765, 10717, 10918, 11482, 114784, 11511, 11522, 11523, 11594 TO 11597, 11646, 10338 TO 10340, 10402, 10598, 10669, 11001, 11285, 11320, 11434 TO 11439, 14431, 13850, 13851, 13534, 13535, 16772 TO 16276, 14722, 17823 TO 17827, 15591, 15516 TO 15522, 15669 TO 15674, 9583, 8899 TO 8903, 18188 TO 18190, 10197 TO 10205, 10095, 10096, 8355, 25766, 26164, 26165, 24034, 24035, 19363, 18381, 19528 TO 19530, 24040, 23887, 23167 TO 23170, 23876, 23877, 19761 TO 19763, 20316, 29831, 15422, 24774 TO 24777, 22087 TO 22089, 22622, 4284, 13895, 32497, 31902, 31903, 31452, 32868/, 31202 TO 31204, 33771, 37929, 13478 TO 13482, 35767 of 2015 & W.P. Nos. 18982, 18983, 19713 of 2016
Decided On : 13-07-2016
Minimum Wages Act, 1940 - Section 27 - Labor & Employment - Government reconstituting advisory board for purpose of co-ordinating work of committees and sub-committees for aiding Government in matter of revising and fixing minimum wages. G.O. Ms. was issued making amendments to G.O. Ms. for purpose of reconstituting advisory board by including representatives of employers and employees - In pursuant to constitution of advisory board preliminary notification was issued by Government proposing to revise minimum wages and calling for objections/remarks from all concerned - However no representations were received from tailoring industry - However representations were received from the workers Union - Finally impugned G.O. Ms Labour & Employment (J1) Department and published in Part-II – Section 2 of Tamil Nadu Government Gazette was issued by the Government revising minimum wages for persons employed in tailoring activity in export garment industry and hosiery industry – Held, Government reconstituting advisory board for the purpose of co-coordinating work of committees and sub-committees for aiding Government in matter of revising and fixing minimum wages. G.O. Ms. was issued making amendments to G.O. Ms. for purpose of reconstituting advisory board by including representatives of employers and employees - In pursuant to constitution of advisory board preliminary notification was issued by Government proposing to revise minimum wages and calling for objections/remarks from all concerned - However no representations were received from tailoring industry - However representations were received from workers Union - Finally impugned G.O. Ms. Labor & Employment (J1) Department and published in Part-II – Section 2 of Tamil Nadu Government Gazette was issued by Government revising minimum wages for persons employed in tailoring activity in export garment industry and hosiery industry - Petitioners/management are dismissed
HULUVADI G. RAMESH, J.
1. The present batch of petitions have been filed by the respective petitioners to quash the Government Order in G.O. (2D) No. 59, Labour & Employment (J1) Department dated 10.10.2014 and published in Part-II – Section 2 of the Tamil Nadu Government Gazette dated 3.12.2014, whereby revision has been made to the minimum rates of wages for employment in respect of tailoring trade in export garments manufacturing industry, hosiery industry, etc. The writ appeal has been filed by the State against the interim order passed by the learned single Judge.
2. The petitioners in all these petitions are either belong to export garment industry or hosiery industry, where tailoring activity is being carried on. They are challenging the revision of minimum wages fixed in respect of tailoring activity in the above industries. The facts, not in dispute and which are necessary for the disposal of this batch of petitions and the writ appeal, are as hereunder:-
(i) Vide G.O. Ms. No.1484, Labour & Employment, dated 12.11.1978, the Government of Tamil Nadu, by virtue of powers conferred under Section 27 of the Minimum Wages Act, 1940 (for short 'the Act'), included tailoring as a scheduled employment for the purpose of the Act, which was followed by G.O. Ms. No.1229, Labour & Employment, dated 9.6.1981, wherein the minimum rates of wages for employment for tailoring was notified. The said Government Order was challenged before this Court in W.P. Nos.5027 to 5033 of 1981 and this Court upheld the validity of the said Government Order.
(ii) Thereafter, G.O. Ms. No.40 dated 25.9.1986 was issued revising the minimum wages for the persons employed in tailoring activity in export garment industry and hosiery industry, which Government Order was also put under challenge in W.P. Nos.10126 and 10127 of 1994 challenging the validity of the said revision and the said writ petitions were also dismissed by this Court vide order dated 12.12.1999.
(iii) Once again, in the year 2004, G.O. Ms. No.74 dated 10.12.2004 was issued by the Government once again revising the minimum wages for tailoring activity in the said industries, which was again challenged in a batch of writ petitions in W.P. Nos.9319/05 and 4239/06 and the same were dismissed by this Court on 22.01.08. Similar writ petitions challenging the abovesaid Government Orders were also dismissed by this Court on 19.09.2011 and 12.06.2012.
(iv) Since the previous revision of the year 2004 was under challenge before this Court and stay had been obtained, the Government had not taken any steps for revising the minimum wages at regular intervals after 2004. After dismissal of the petitions finally in the year 2012, Government took steps for revising the minimum wages which were fixed in the year 2004.
(v) In the year 2012, G.O. Ms. No.306 was issued by the Government reconstituting the advisory board for the purpose of co-ordinating the work of the committees and sub-committees for aiding the Government in the matter of revising and fixing minimum wages. G.O. Ms. No.229 dated 13.6.2013 was issued making amendments to G.O. Ms. No.306 for the purpose of reconstituting the advisory board by including representatives of employers and employees. In pursuant to the constitution of the advisory board, preliminary notification was issued by the Government proposing to revise the minimum wages and calling for objections/remarks from all concerned. However, no representations were received from the tailoring industry. However, representations were received from the workers Union. Finally, the impugned G.O. Ms. No.59, Labour & Employment (J1) Department dated 10.10.2014 and published in Part-II – Section 2 of the Tamil Nadu Government Gazette dated 3.12.2014 was issued by the Government revising the minimum wages for persons employed in tailoring activity in export garment industry and hosiery industry. Aggrieved by the said revision of minimum wages, the present writ petitions have been filed ch
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.