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IN THE HIGH COURT OF ALLAHABAD
R. K. MAHAJAN, J.
Hotel Clark Shiraz, Agra And Others - Appellants
Versus
State Government Of U. P. and others - Respondents
C.M.W.P. No. 17157 of 1991
Decided On : 27-08-1997
MINIMUM WAGES - U. P. INDUSTRIAL DISPUTES ACT, 1947 - SECTION 3(B) - NOTIFICATION FIXING MINIMUM WAGES FOR HOTEL AND RESTAURANT WORKERS - VALIDITY - CHALLENGED.
Fact of the Case:
The petitioners challenged the validity of a notification issued by the State Government under Section 3(b) of the U. P. Industrial Disputes Act, 1947, fixing minimum wages for hotel and restaurant workers. The petitioners contended that the notification was arbitrary and invalid as there was no emergency or any other ground to fix the revised wages.
Finding of the Court:
The court held that the notification was valid and upheld the same. The court observed that the notification was issued in view of the directive principles of the Constitution of India in Article 43, which envisages a living wage for workers. The court also held that the notification was valid under Article 21 of the Constitution of India, which lays down that everyone has a right to live life with human dignity and not below the animal existence.
Issues: 1. Whether the notification fixing minimum wages for hotel and restaurant workers was arbitrary and invalid? 2. Whether the notification was issued in view of the directive principles of the Constitution of India in Article 43? 3. Whether the notification was valid under Article 21 of the Constitution of India?
Ratio Decidendi: 1. The court held that the notification was not arbitrary and invalid as it was issued in view of the directive principles of the Constitution of India in Article 43, which envisages a living wage for workers. 2. The court also held that the notification was valid under Article 21 of the Constitution of India, which lays down that everyone has a right to live life with human dignity and not below the animal existence.
Final Decision: The writ petition was dismissed with costs of Rs.2,000. The stay order, if any, was vacated.
R.K. Mahajan, J.
Case called out in the revised list. None appears for the petitioners. Shri K. P. Agarwal for the respondents.
2. Tilts is a writ petition in the nature of certiorari quashing the impugned Notification No. 981/XXXVI-I 1075 (St)-85, dated 15.3.1991 (Annexure No. 7). The petitioners have further prayed that a writ in the nature of mandamus be also Issued commanding the respondents No. J to 4 not to take any proceedings in pursuance of the Impugned notification.
3. The writ petition relates to quashing of notification (Annexure No. 7) regarding fixing of minimum rate of wages in respect of workmen employed in hotel and restaurants in Uttar Pradesh. Vide notification dated 15,3.1991, the rates of pay of Dhaba Restaurant workers were increased considering the rise in prices by issuing notification u/s 3 (b) of U. P. Industrial Disputes Act (U. P. Act No. 28 of 1947). This notification has been challenged on the grounds that notification is arbitrary and Invalid. It Is also alleged that there was no emergency or any other ground to fix the revised wages. It was further alleged that there was no throat or strike during the last seven years in this Industry.
4. An extract of notification dated 15.3.1991 is quoted with an advantage :
"Whereas workmen employed in Hotel and Restaurant Industries have been consistently pressing for a long time for revision of their wages and special allowance :
And whereas in the last several years there has been phenomenal Increase in dearness and great resentment was prevailing among the workmen. Keeping in view of this a Tripartite Conference of this Industry was convened on October 25, 1989. Inspite of due information of this Conference, employers did not participate, rather boycotted it ;
And whereas workmen of the aforesaid Industry have threatened that If their wages and dearness allowance are not revised they would resort to strike :
And whereas in the opinion of the State Government it is necessary so to do for securing the maintenance of public order and for maintaining employment ;
Now, therefore, in exercise of powers under clause (b) of Section 3 of the U. P. Industrial Disputes Act, 1947 (U. P. Act No. 28 of 1947), the Governor is pleased to make following order and u/s 19 of the said Act, to direct that the notice of this order shall be given by publication in the Gazette:
ORDER
Minimum Rates of Wages in respect of workmen employed in Hotels and Restaurants in Uttar Pradesh.
1. The minimum rates of wages payable to adult workmen for different classes of work on 167 points of All India Consumer Price Index Number (Base : 1982 = 100) shall be as follows :
(i) (A) Minimum rates of wages payable to adult workmen for different classes of work undertaken at Missoula, Dehradun. Hardwani, Nainital. Lucknow, Varanasi, Agra. Faizabad, Hardwar, Mathura cities and at other cities having population above one lakh.
Sl. No.
Description of Hotels and Restaurants
Minimum wages per month in rupees for different class of workmen.
A
B
C
D
E
F
1.
Dhaba or Restaurants on the road side or in colonies (Mohalla) In which less than five workmen are employed
520.00
546.00
590.00
650.00
871.00
988.00
2.
Annual
5.00
5.00
5.00
6.00
8.00
10.00
The operation of the impugned notification has been stayed by this Court on 30.5.1991.
5. Learned counsel for the petitioner is not present. I myself have gone through the writ petition and heard Sri K. P. Agarwal, learned counsel appearing for the respondents. I am inclined to hold the notification valid in view of the directive principles of the Constitution of India in Article 43, and other reasoning Article 43 of the Constitution of India is quoted with an advantage :
"Article 43.-The State shall endeavor to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, i
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