Back
IN THE HIGH COURT OF ALLAHABAD
M. KATJU, R. S. TRIPATHI
DIL PASAND BIDI COMPANY, FARRUKHABAD - Appellant
Versus
STATE OF U. P. - Respondents
C. M. W. P. 2086 Of 1990
Decided On : 07/25/2003
Minimum Wage - Bidi Rollers - U. P. Industrial Disputes Act, 1947, Section 3(b) - Summary of the acts and sections referenced and discussed by the court: The court discussed the notifications issued under Section 3(b) of the U. P. Industrial Disputes Act, 1947, and referred to legal provisions from various cases to establish the validity of the notifications and the limitations on interference by the court in such matters.
Fact of the Case:
The petitioners, manufacturers of bidis, challenged a notification issued by the U. P. Government regarding the minimum wages for Bidi Rollers. The petitioners alleged disparity in wages between different states and mala fide issuance of the notification.
Finding of the Court:
The court found no merit in the petition and dismissed it, citing the validity of the notification under Section 3(b) of the U. P. Industrial Disputes Act, 1947, and the need for judicial self-restraint in matters of delegated legislation.
Issues: Disparity in minimum wages for Bidi Rollers between states, mala fide issuance of the notification, and the validity of the notification under Section 3(b) of the U. P. Industrial Disputes Act, 1947.
Ratio Decidendi: The court held that it should not ordinarily interfere with delegated legislation unless there is a clear violation of the parent Act or the Constitution, and emphasized the need for judicial self-restraint in such matters.
Final Decision: The petition was dismissed, and the court directed the employers to pay arrears of the wage difference to the Bidi rollers along with interest at 10% per annum.
( 1 ) THIS writ petition has been filed against the impugned notification dated November 21, 1989 (Annexure A-III to the writ petition ).
( 2 ) WE have heard learned counsel for the parties. The petitioners are manufacturers of bidis. They engage labour for rolling the bidis. It is alleged in para 2 to the writ petition that the Central Government created various Zones in India for regulating the wages of Bidi Rollers. It is alleged in para 3 that a settlement was arrived between the state Government, representatives of the labour Unions, and the employers in 1982 and the State Government by notification dated May 21, 1982 fixed the minimum wage at Rs. 7. 50 per thousand Bidis (vide annexure A-I to the writ petition) which has been issued under Section 3 (b) of the U. P. Industrial Disputes Act, 1947.
( 3 ) IT is alleged in para 4 of the petition that in 1987 the prices of the commodities rose up and hence the State Government of Madhya pradesh raised the minimum wages of Bidi rollers to Rs. 10. 50 per thousand Bidis (vide annexure A-II to the writ petition ). Again in 1989 on account of rise in prices of commodities and the price index, the State of madhya Pradesh raised the minimum wages of bidi Rollers to Rs. 14/- per thousand Bidis (vide annexure A-III to the writ petition ).
( 4 ) IT is alleged in paragraph 6 that since the wages in U. P. was only Rs. 11/- per thousand Bidis, the Labour Unions made representations to the State Government that in madhya Pradesh the wages were higher, and the rate for one Zone consisting of Madhya pradesh, Bihar and Uttar Pradesh should be the same. True copy of the representation is annexure A-1v. On this representation the u. P. Labour Minister issued letters to various union Representatives and employers.
( 5 ) IT is alleged in paragraph 8 to the petition that a settlement was reached on october 25, 1989 and the U. P. Labour Minister agreed that the minimum wage should be Rs. 14/- per thousand Bidis. This was settled between the Labour Minister, the representatives of Labour Unions, and the employers. True copy of the settlement dated october 25, 1989 is Annexure A-VI to the writ petition. By this notification the wages in U. P. for Bidi Rollers was put on parity with that in madhya Pradesh.
( 6 ) IN paragraph 10 of the petition it is alleged that for mala fide reasons, the U. P. Labour Minister got a notification issued in the u. P. Gazette on November 21, 1989 fixing the minimum rate at Rs. 15/- per thousand Bidis (vide Annexure A-VII) which was made retrospective from October 25, 1989.
( 7 ) IT is alleged in paragraph 14 that this notification is totally against the tripartite settlement mentioned above. It is alleged in paragraph 15 that there should be parity between the wages in the same Zone. Aggrieved this petition has been filed. .
( 8 ) A counter Affidavit has been filed on behalf of respondent Nos. 1, 2 and 3 and we have perused the same.
( 9 ) IN paragraph 5 it is stated that in respect of revision of minimum rate of wages in Bidi industry, the last revision before the issuance of the impugned Notification was done by notification dated August 11, 1987 fixing minimum rate of Rs. 11,50/- per thousand bidis.
( 10 ) IN paragraph 6 it is alleged that there was a rise of 50 index points in the Consumer price Index, and hence the Labour Unions sent representations to the State Government for revision of minimum rate of wages for employment of Bidi making in U. P. , failing which a large scale agitation would be started. It may be mentioned that about 5. 50 lac workers are engaged in the State of U. P. in this industry, and therefore the State Government thought that it would not be appropriate to allow work stoppages, as it may disrupt employment as also the law and order situation. Accordingly, a Tripartite Conference was convened under the chairmanship of the Labour Minister on October 25, 1989 whereby a consensus was reached vide (Annexure C. A. I to the Counter Aff
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
