The Attorney General V. Urquhart

1932 Present : Macdonell C.J., Garvin S.P.J., and
Dalton J.

THE ATTORNEY-GENERAL v. URQUHART.

372-P. C. Panadure, 12,113.

Minimum wage-Minimum rate for working day of eight hours-Estate Wages Board-Power to fix minimum wage-Employer's contract for working day of six hours-Proportional rate of pay-Rate less favourable than minimum rate-Indian Labour Ordinance, No. 27 of 1927, ss. 8 (1) and 11 (1).

Where, under the Indian Labour Ordinance, No. 27 of 1927, the Estate Wages Board has fixed a minimum rate of wages for a working day of eight hours to be paid for time work, the accused, the Superintendent of an estate, engaged labourers on a working day of six hours, to be paid at a proportional rate, computed according to the minimum rate of wages fixed.

Held, (by Macdonell C.J. and Dalton J., Garvin S.P.J. dissenting), that the accused had paid the labourer at a rate of wages less favourable than the minimum rate of wages fixed and that he had offended against the provisions of section 11 (1) of the Ordinance.

Per GARVIN S.P.J.-There is no provision in the Ordinance which requires payment at a higher rate for time work, whenev

Click Here to Read the rest of this document