MULTIPURPOSE TRAINING CENTRE Vs. GOVERNMENT OF NCT

JUDGEMENT

(1.) IN this intra-Court appeal, the challenge is to the order dated February 24, 2010 passed by the learned single Judge in W.P. (C) No. 3785/2007.

(2.) THE singular question that emanates for consideration in this appeal is whether the appellant-All India Federation of Deaf can be allowed to pay to the workers less than the minimum wages on the ground that it is not included in the list of scheduled employment either in Part-1 or Part-2 of the Schedule of the Minimum Wages Act, 1948 (for brevity "the Act?).

(3.) IT is also noticeable that a notification dated August 13, 1965 has been issued by the Government of NCT of Delhi under Section 27 of the Act by which an amendment has been incorporated in the Schedule to the Act whereby the shops and other establishments covered under the Delhi Shops and Establishments Act, 1954 come within its sweep and ambit. Sections 2 and 27 of the said Act read as follows: "Section 2 - Interpretation. (a) to (d) xxx xxx xxx (e) "employer" means any person who employs, whether directly or through another person, or whether on behalf of himself or any other person, one or more employees in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, and includes, except in sub-section (3) of Section 26, - (i) in a factory where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person named under (Clause (f) of sub-section (1) of Section 7 of the Factories Act, 1948 (63 of 1948)), as manager of the factory; (ii) in any scheduled employment under the control of any Government in India in respect of which minimum rates of wages have been fixed under this Act, the person or authority appointed by such Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department; (iii) in any scheduled employment under any local authority in respect of which minimum rates of wages have been fixed under this Act, the persons appointed by such authority for the supervision and control of employees or where no person is so appointed, the Chief Executive Officer of the local authority; (iv) in any other case where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person responsible to the owner for the supervision and control of the employees or for the payment of wages; (f) xxx xxx xxx (g) "schedule employment" means an employment specified in the Schedule, or any process or branch of work forming part of such employment; (h) xxx xxx xxx (i) "employee" means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed; and includes an out-worker to whom any articles or materials are given out by another person to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of that other person where the process is to be carried out either in the home of the out-worker or in some other premises not being premises under the control and management of that other person; and also includes an employee declared to be an employee by the appropriate government; but does not include any member of the Armed Forces of the (Union). 27. Power of State Government to add to Schedule - The appropriate government, after giving by notification in the Official Gazette not less than three month's notice of its intention so to do, may, by like notification, add to either Part of the Schedule any employment in respect of which it is of opinion that minimum rates of wages should be fixed under this Act, and thereupon the Schedule shall, in its application to the (State) be deemed to be amended accordingly. . Notification issued by the Delhi Government is as follows: - "Notifications Delhi, the August 13, 1965 No. F.40(10/64-Lab.- In exercise of the powers conferred by sub-section (1) of Section 51 of the Madras Chit Funds Act, 1961, as extended to the Union Territory of Delhi, the Administrator; of Delhi is pleased to appoint Shri M.K. Seth, as Inspecting officer for the purpose of the said Act and the Rules made thereunder, with effect from the July 9, 1965 2. The Administrator is further pleased to direct that the appointment of Shri J.L. Kotru as Inspecting Officer vide this administration Notification of even number, dated the October 9,1964 shall be deemed to have been cancelled with effect from the May 03, 1965 No. F. 21(19)/64-Lab- In exercise of the powers conferred by Section 27 of the Minimum Wages Act, 1948 (11 of 1948), read with the Government of India, Ministry of Labour Notification No. L.P. 24(1) dated the March 16, 1949 the Chief Commissioner, Delhi, being of opinion that minimum rates of wages should be fixed under the said Act in respect of employment in all shops and other establishments to which the Delhi Shops and Establishments Act, 1954, applies and after giving three months' notice of his intention so to do, vide his notification of even number, dated the January 5, 1965 is pleased to make the following amendment in the Schedule appended to the said Act, namely: Amendment In Part I of the said Schedule, after item 14 the following new item shall be added, namely: "15. Employment in all shops and other establishments, covered by the Delhi Shops and Establishments Act, 1954."