AIRFREIGHT LIMITED BANGALORE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) RESPONDENTS 3 to 5 in W. P. No. 23095 of 1997 and respondents 3 to 18 in W. P. No. 23096 of 1997 are the employees of the airfreight limited, petitioner in both these writ petitions. According to the said employees, they are required to be paid minimum wages and variable dearness allowance (vda) in accordance with the notification issued by the first respondent state government on 19-8-1987 at Annexure-D under Section 3 read with Section 5 of the minimum wages Act, 1948 ('act' for short ). Their main grievance was with regard to non-payment of vda by their employer. They, therefore, filed applications under Section 20 (2) of the Act, seeking directions to pay difference of minimum wages. By the orders at Annexure-L in each of the writ petitions, the employees are held entitled to difference of minimum wages to the extent of Rs. 8,740/- each, by way of vda, in terms of the above said order at Annexure-D. In addition, the second respondent authority has also directed compensation payable under Section 20 (3) of the Act, to the extent of twice the above said amount. In these writ petitions under article 226 of the constitution, petitioner-employer seeks a writ in the nature of declaration that the notification at Annexure-D is not applicable to the petitioner which is a courier industry, and, further seeks quashing of the orders at Annexure-L.

(2.) PETITIONER is a courier service. It has its registered office at Bombay, being a company incorporated under the Companies Act, 1956. It has its branch at Bangalore. The main activity of cargo division is that of handling incoming and outgoing shipments by AIR with regard to clearing and forwarding. It includes delivery at the destinations. It also includes domestic door-to-door express delivery of documents, parcels and packages. The essential activity of the petitioner is clearing and forwarding the goods entrusted to it for safe delivery by way of personal service. This is as averred in the writ petitions itself.

(3.) IN exercise of its power under Section 27 of the Act, first respondentstate government, by its notification dated 27/28-1-1971, has added 'employment in shops and commercial establishments' as item No. 28 in part i of the schedule to the act.