JUDGMENT : 

KULDEEP TIWARI, J. 

CM-6331-CWP-2018

Through the instant application, as filed under Order 1 Rule X read with Section 151 CPC, a prayer has been made by Haryana Pradesh Brick-kiln Owners Association, for impleading them as a necessary party.

Learned senior counsel for the non-applicant/petitioner, submits that he has no objection, if the said application is allowed.

In view of the above, the application stands allowed, and Haryana Pradesh Brick-kiln Owners Association is ordered to be impleaded as a respondent no.4, in the accompanying petition.

The amended memo of parties is ordered to be taken on record.

Registry is directed to tag the same at an appropriate place of the case file.

CWP-23938-2017

1. Through the instant petition, cast under Article 226/227 of the Constitution of India, validity of the notification dated 07.07.2017 (Annexure P-5), issued as a corrigendum, has been put to challenge by the petitioner, which is a union of labourers, on the ground that the said corrigendum materially alters and shifts the substance of the principal notification dated 21.10.2015, which is not permissible under the Minimum Wages Act, 1948 (hereinafter referred to as the 'Act of 1948').

2. Shorn of unnecessary details, lets straightway come to the facts of the matter. The Government of Haryana in exercise of its power conferred by Clause (b) of Sub-section (1) of Section 5 of the Act of 1948, issued a notification dated 14.08.2014, inviting objections or suggestions, from the stakeholders, likely to be affected from the said notification. In the instant petition, the controversy pertains to the minimum wages fixed for labourers engaged in loading of bricks, in brick kilns in the State of Haryana, through 'Animal-Driven Rehri (cart).” The relevant portion of notification, in its English version, is extracted hereinafter:-

3. What needs to be emphasised over here, is that, in the above notification, in its English version, there is no mention of wages payable to the Animal-Driven Rehri loader. However, in the Hindi version of the said notification, such category finds mention in item no.(kha)/(b) of column no.3. It is also necessary to understand that item no.(ka)/(a) prescribes higher wages, whereas item no.(kha)/(b) prescribes lesser wages. The rationale behind difference in wages is obvious; where the manual labour is involved fetches higher wages, than the loading carried out through tempo, or any other mechanical vehicle.

4. The objections were submitted by the stakeholders. Thereafter, the matter was considered by the Advisory Board, and final notification was issued on 21.10.2015.

5. The notification dated 21.10.2015, was published in both English and Hindi version. In Hindi version of the said notification relating to brick Kiln industry the word 'Animal Driven Rehri (cart)' appears in item no.(ka)/(a) of column no.3, whereas, in English version thereof, this category was again omitted. The relevant comparison chart is extracted hereinafter:-

6. It clearly reflects that the 'Animal Driven Rehri' category in Hindi Version notification finds mentioned in item no. (ka)/(a) of column no.3, whereas, in English version thereof, it neither finds mentioned in item no.(a) nor (b) in column no.3. Thereafter, upon a representation filed by the Union of Brick Kiln Owners, the competent authority considered the same, and by virtue of corrigendum issued on 07.07.2017, the category of 'Animal Driven Rehri', was shifted to item no. (b) in column no.3. The relevant is extracted hereinafter:-

“i) In item (a), in forth line in place of words 'only loading on the back of donkey/mule or animal driven rehri' be read as 'only loading on the back of donkey/mule'.

ii) In item (b), in first line, for the words and figures “Rs.160.22 loading by the tempo, or any other Mechanical Driven Vehicle,” the words and figures “Rs.160.22 loading by tempo or animal rehri or any other Mechanical Driven vehicles”, shall be read.”

7. The above corrigendum, caused grievance