1944 Present: Soertsz J.

WRIGHT, Appellant, and RAMANATHAN,
 Respondent.

165-M. C. Kandy, 10,566.

 

Labourer-Employment of labour on terms of employment less favourable than the recognized terms-Defence of accused-Offer of material benefits to labour to make good difference in terms-Payment of daily average wage essential-Emergency Powers Defence Acts, 1939 and 1940.

Where the accused was charged under paragraph 11 (1) of the Essential Services (Avoidance of Strikes and Lockouts) Order in that he employed labourers on terms of employment less favourable than the recognized terms and conditions of employment for the district concerned.

Held, that it was no defence to the charge that the labourer received other material benefits in virtue of which the difference was made good to him and that in the result the terms and conditions were not less favourable.

Held, further, that regardless of the number of hours work a day contracted for between the employer and the labourer the minimum daily wage fixed for the working day should be paid to the labourer.

Attorney-General v. Urquhart (34 N. L. R. 393) followed.

APPEAL from a conviction by t