MIZAR GOVINDA ANNAPPA PAI Vs. STATE OF MYSORE

JUDGEMENT

(1.) This is a petition under Art.226 of the Constitution for the issue of an appropriate writ quashing a notification issued by the State Government fixing minimum rates of wages for certain classes of employees of the cashew-nut industry. Although the prayer is in general terms for quashing the entire notification, the challenge is limited to the fixation of rates in respect of only one category of workers called the shellers. In this category, there are what may be described as two sub-categories-(1) shellers who work with their own hands and wooden mallet and (2) shellers who operate shelling machines. For purposes of clarity, we call the former 'hand shellers' and the latter 'machine shellers'.

(2.) Both these hand shellers and machine shellers have throughout been paid wages on piece rate basis. Originally, when machines were brought into use, a distinction appears to have been made between the rate applicable to hand shellers and the rate applicable to machine shellers. These rates were 9nP. per pound and 8 nP. per pound respectively. In the earliest available notification fixing the minimum rates, viz., the one dated 14th May 1960, the same rates were prescribed as the minimum rates, viz., 9nP. per pound in the case of hand shellers and 8nP. per pound in the case of machine shellers.

(3.) In 1966, proposals were made and steps taken by the Government for revising the rates. The first draft notification containing the proposals proposed a rate of 15nP. per half kilo to hand shellers and 10nP. for half kilo in the case of machine shellers. After receiving and considering the representations and objections of persons interested and after consulting the Advisory Board, the State Government issued its final Notification No.S.O.1991 on 10th October 1967. By the said notification they fixed a uniform rate of 15nP. for half kilo of shelled whole kernels in the case of both hand shellers as well as machine shellers.