PRESIDENT CINEMA WORKERS UNION BANGALORE Vs. SECRETARY SOCIAL WELFARE AND LABOUR DEPARTMENT BANGALORE

JUDGEMENT

(1.) THE petitioner has sought for quashing the purported order of the 3rd respondent dated 22-1-2004 vide Annexure-G and also sought for a direction to respondents 1 to 3 to review and revise the minimum wages for Cinema Workers as per the Minimum Wages Act, 1948 ('the Act' for short ).

(2.) ON perusal of the document at Annexure-G, it cannot be said that it is an order passed by the Labour Minister. It is only an opinion expressed by the Labour Minister and consequently, the same cannot be termed as an order of the State Government, and therefore, the first relief as prayed for in the writ petition by the petitioner cannot be granted.

(3.) INSOFAR as the second relief as prayed for in the writ petition is concerned, the learned Counsel for the petitioner Smt. Sarojini muthanna submitted that the notification was issued in the month of july 1992 fixing the minimum wages and thereafter, no fresh notification is issued by the State Government fixing the minimum wages for the Cinema Workers till this day. She further submitted that, the Government should have reviewed and revised the minimum wages at least once in five years. Learned Government Pleader, per contra, submits that revising of minimum wages within five years is not mandatory and is directory. To decide the said issue, it is relevant to note the provisions of section 3 (1) of the Act, which read thus: