Back
2010 Supreme(MP) 223
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
R.S. Garg and U.C. Maheshwari, JJ.
Appellants: Ujjain Charitable Trust Hospital and Research Centre and Ors.
Vs.
Respondent: State of Madhya Pradesh and Anr.
Decided On: 10.03.2010
The provisions of Section 5 of the Minimum Wages Act are mandatory and must be followed without scope for enlargement or dilution of its effect.
Headnote:
Minimum Wages Act - Notification - Section 5
Fact of the Case:
The petitioners challenged a notification fixing minimum wages for various classes of labor, arguing that the State Government did not constitute an Advisory Board as required under Section 5 of the Minimum Wages Act, 1948.
Finding of the Court:
The court rejected the challenge, holding that the constitution of 'Salahakar Parishad' was to be considered as the constitution of the Advisory Board, and that the procedural mistake in the notification would not adversely affect the rights of the State.
Issues: The issues included the constitution of the Advisory Board, the scope of the notification, and the effect of procedural mistakes in a beneficial legislation.
Ratio Decidendi: The court held that the provisions of Section 5 of the Minimum Wages Act are mandatory and do not leave any scope for enlargement of powers or dilution of its effect. It also emphasized that justice must be done in accordance with the law, and procedural lapses are different from statutory lapses.
Final Decision: The court allowed the petition to the extent that the notifications relating to workmen/labors other than unskilled labors were held to be bad and would have no effect.
R.S. Garg, J.
1. This judgment shall dispose of W.P. No. 6848/2008, Ujjain Charitable Trust Hospital & Research Centre v. State of Madhya Pradesh and Anr. W.P. No. 12332/2008, Choithram Hospital & Research Centre v. State of Madhya Pradesh and Ors. W.P. No. 4808/2009, Bansal Blood Bank and Pathology Centre v. State of M.P. and Ors. W.P. No. 6889/2008, M/s. Tata International Ltd. v. State of Madhya Pradesh and Anr. W.P. No. 9098/2008, Chamunda Standard Mills v. State of Madhya Pradesh and Anr. and W.P. No. 4347/2009, Kach Motors Pvt. Ltd. v. State of Madhya Pradesh and Anr..
2. All the petitioners being aggrieved by notification dated 30-4-2008 fixing the minimum wages for Clerks Grade-I, Clerks Grade-II, Skilled Labour, Semi-skilled Labour and un-skilled Labour, have come to this Court with a submission that the State Government did not constitute an Advisory Board as required under Section 5 of the Minimum Wages Act, 1948, therefore and as Notification (Exh. P-5) was in relation to unskilled labours only, the State Government could not direct fixing of the wages of the above referred classes.
3. For short it is necessary to note that Section 5 of the Minimum Wages Act provides for fixing and revising minimum wages. Section 5 of the Act reads as under:
5. Procedure for fixing and revising minimum wages.- (1) In fixing minimum rates of wages in respect of any scheduled employment for the first time under this Act or in revising minimum rates of wages so fixed, the Appropriate Government shall either:
(a) appoint as many committees and sub-committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case may be, or
(b) by Notification in the Official Gazette, publish its proposals for the information of persons likely to be affected thereby and specify a date, not less than two months from the date of the Notification, on which the proposals will be taken into consideration.
(2) After considering the advice of the committee or committees appointed under Clause (a) of Sub-section (1), or as the case may be, all representations received by it before the date specified in the Notification under Clause (b) of that sub-section, the Appropriate Government shall, by Notification in the Official Gazette, fix, or, as the case may be, revise the minimum rates of wages in respect of each scheduled employment, and unless such Notification otherwise provides, it shall come into force on the expiry of three months from the date of its issue:
Provided that where the Appropriate Government proposes to revise the minimum rates of wages by the mode specified in Clause (b) of Sub-section (1), the Appropriate Government shall consult the Advisory Board also.
4. Section 5 clearly provides that in fixing minimum rates of wages in respect of any scheduled employment for the first time under the Act or in revising minimum rates of wages so fixed, the Appropriate Government shall, appoint as many as committees as required by notification in Official Gazette, publish its proposals for information of persons likely to be affected. In case the committee or sub-committees are appointed then after considering the advise of the committee or committees appointed under Clause (a) of Sub-section (1), or as the case may be, after considering all the representations received by it before the date specified in the notification under Clause (b), the Appropriate Government shall, by Notification in the Official Gazette, fix, or, as the case may be, revise the minimum rates of wages of each scheduled employment, and unless otherwise provided such effect of the Notification shall come into force on the expiry of three months from the date of fixation. The proviso appended to Section 5 provides that where the Appropriate Government proposes to revise the minimum rates of wages the Government shall be obliged to consult the Advisory Board also.
5. The Scheme of Section 5 clearly provides that the State Government sha
