PABBOJAN TEA CO LIMITED Vs. DEPUTY COMMISSIONER LALCHIMPUR

JUDGEMENT

(1.) The central question in these appeals is, whether the civil Court had jurisdiction to entertain the suits and grant the reliefs claimed.

(2.) The facts are as follows:- By a notification dated March 11, 1952 the Governor of Assam fixed the minimum wages which were to come into force with effect from March 30, 1952, consisting of basic wages and dearness allowance in terms of cl. (i) , sub-s. (1) of S. 4 of the Minimum Wages Act, 1948, at the rates specified in the Schedule to the notification payable to the employees employed in Tea plantations in the different districts of Assam. Under the notification, the rates were to l, exclusive of concessions enjoyed by the workers in respect of supplies of food-stuff and other essential commodities and amenities which were to continue unaffected. Further the existing tasks and hours of work were to continue until further orders. The Schedule shows that the notification was to apply to "ordinary unskilled labour" which was again sub-divided into three classes, namely, (a) adult male (16 years and above) , (b) adult and female (16 years and above) and (c) working children (below 16 years and above 12 years) . The rates were again to be different in the different districts of Assam which were broadly speaking, divided into three Sections. On April 16, 1952 the Government of Assam published the Minimum Wage Rules which fixed the number of hours in the case of an adult for a normal working day to nine hours, subject to a maximum of 48 hours in a week. On June 2, 1953 the Deputy Commissioner of Lakhimpur served a notice on the manager of one of the appellants, Borhapjan Tea Estate to the effect that the minimum wages prescribed had not been paid to a member of employees in accordance with the prescribed rate. The addressee was required to pay the outstanding amount of wages with the requisite amount of delayed compensation to the employees in conformity with Section 20 (3) of the Minimum Wages Act and report compliance on or before the 10th of June, 1953. The manager was further directed to show cause why prosecution should not be sanctioned for violation of the provisions of the said Act. A list of the employees with their names was given showing 24 men labourers, 58 women labourers and one girl labourer. Similar notices were issued to the managers of the other tea estates. The managers submitted written replies to the authority denying liability for payment of the amount claimed in the notice. By order dated June 2, 1954 the above mentioned authority directed the different tea estates to pay the difference between the full minimum wages and the amounts actually paid to the labourers. It does not appear that the authority concerned held any inquiry or received any evidence beyond meeting the managers of the four tea estates at the premises of the Doom-Dooma Club where the Government Labour Officer was also present. He however recorded an order dated June 2, 1954 to the effect that the contention of the managements of the tea estates that the Lettera Challans who by reason of their old age, infirmity and physical defects etc. were incapable of performing a full normal working day's work could not be accepted. According to the order, "the point for decision was, whether a Lettera Challan worker was entitled to the same rate of wages as ordinary labour working full normal working days" From the order, it appears that the authority concerned knew of the employment of this kind of sub-normal workers by various tea estates but he held that, in the absence of an order for exemption by the Government in terms of Section 26 of the Minimum Wages Act, he had to guide himself by the notification mentioned. He held further that under the Act and the Rules, Lettera Challan labour, in spite of the amount of work (time or task rate) performed by them was to be treated as ordinary labour entitled to wages for a full normal day. He therefore directed that the tea estates should pay the difference between the full minimum wages and the amount actually paid, together with compensation which he fixed at three times the amount payable to each worker. The tea estates filed four separate suits for a declaration that the orders of the Deputy Commissioner, Lakhimpur D/- 2-6-1954 were illegal and void and without jurisdiction and a further declaration that the employees mentioned (sub-normal workers) were not entitled to full minimum wages without performing a normal day's task or without working the prescribed number of working hours. The Subordinate Judge framed a number of issues including one regarding the maintainability of the suits, heard evidence and came to the conclusion that the decision or orders of the Deputy Commissioner were all final in terms of the Minimum Wages Act and the suits were barred "under the provisions of the Act." The learned Judges of the High Court of Assam, by a majority, upheld the decision of the Subordinate Judge.

(3.) The evidence of the managers of the tea estates was to the effect that in each tea garden there was a number of workers described as Lettera Challans who were unwilling to perform the normal tasks which were available to them as normal labourers, that they worked for only half the day and were unwilling to work for the full day as other labourers.