BIDI BIDI LEAVES AND TOBACCO MERCHANTS ASSOCIATION GONDIA NOW MAHARASHTRA HAJI LATIF GHANI KACHHI Vs. STATE OF BOMBAY NOW MAHARASHTRA :BIDI BIDI LEAVES AND TOBACCO MERCHANTS ASSOCIATION:HAJI LATIF GHANI KACHHI

JUDGEMENT

(1.) THE following Judgment of the court was delivered by

(2.) THESE four appeals consist of two sets of cross appeals each and they arise from two petitions filed in the High court of Bombay at Nagpur challenging the validity of the notification dated 11/06/1958, issued by the State of Bombay, now represented by the State of Maharashtra, under s. 5 of the Minimum Wages Act, 1948, ( 11 of 1948) (hereafter called the Act.) The petitioners in Special Civil Application No. 205 of 1958 are the Bidi, Bidi Leaves and Tobacco Merchants' Association, Gondia and two others, whereas the petitioners in Special Civil Application No. 214 of 1958 are Haji latif Ghani Kachhi and five others. The impugned notification consists of seven clauses. By the majority decision of the High court cls. 1 to 5 and the first part of cl. 6 are held to be intra vires, whereas the latter part of cl. 6 and cl. 7 as well as the explanation added to it are held to be ultra vires. The first part of the finding is Challenged by the petitioners in the two writ petitions by their Civil Appeals Nos. 415 and 417 respectively, while the latter part of the finding is challenged by the State of Maharashtra in its Civil Appeals Nos. 416 and 418 respectively. Thus, Civil Appeals Nos. 415 and 416 are cross appeals and Civil Appeals Nos. 417 and 418 are cross appeals. THESE appeals have been brought to this court with a certificate granted by the High court under Art. 132(1) of the Constitution. As will presently appear the only point which calls for our decision in these appeals is one relating to the validity of the impugned notification; and so the certificate might well have been given under Art. 133 (1)(c) and not under Art. 132 (1) because the case does not involve a substantial question of law as to the interpretation of the Constitution. For convenience we will refer to the petitioners in the writ petitions as petitioners and the State of Maharashtra as the respondent in these appeals.

(3.) BEFORE dealing with the merits of the controversy between the parties it would be relevant to refer to the material provisions of the Act. The Act was passed in 1948 in order to provide for fixing minimum rates of wages in certain employments. Its provisions apply to the scheduled employment which expression under s. 2 (g) means an employment specified in the schedule, or any process or branch of work forming part of such employment. It is common-ground that employment in any tobacco (including bidi making) manufactory is a scheduled employment under the schedule of the Act. Section 2(h) defines wages and it prescribes inter alia, that wages means all, remuneration capable of being expressed in terms of money which would, if the terms of the contract of employment, express or implied, were fulfilled be payable to a person employed in respect of his employment or of work done in such employment, and includes house-rent allowance, but does not include the items specified by cls.(i) to (v) of the said definition. Section 3 authorises the appropriate government to prescribe different minimum rates of wages for different scheduled employments, different classes of work in the same scheduled employments, adults, adolescents, children and apprentices and different localities. Under s. 4 are prescribed the components of the minimum rates of wages. Section 5 provides for the procedure for fixing and revising minimum wages. Section 7 provides, inter alia, that minimum wages payable under the Act shall be paid in cash. Under s. 12 an obligation is imposed on the employer to pay every one of his employees engaged in the scheduled employment wages at a rate not less than the minimum rate of wages fixed by the notification issued in that behalf. Section 12 (2) saves the application of the provisions of the payment of wages Act. Section 20 authorises the appropriate government to appoint an authority to hear and decide for any specified area all claims arising out of the payment of less than the minimum rates of wages and other claims specified therein. The remaining Ss. of the said section prescribe the procedure for determining such claims. Under s. 21 a single application can be made in respect of a number of employees who wish to prefer a claim for the decision of the authority under s. 20. Section 22 prescribes penalties for the offences therein specified. Section 22A provides that if any employer contravenes any of the provisions of the Act or any rule or order made thereunder he shall, if no other penalty is provided for such contravention, be punishable with fine which may extend to five hundred rupees. Section 22B provides, inter alia the manner in which courts may take cognizance of a complaint against any person for an offence committed under the Act. That in brief is the scheme of the material provisions of the Act.