KUNDUNGAL SAW MILLS Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition has been brought by the owners of five industrial establishments engaged in the Saw Mill Industry and the relief sought by them is the quashing of the notification Ext.P -7 dated the 3 rd August,1970 issued by the State Government in the exercise of the powers conferred by section 3(1) (b) of the Minimum Wages Act,1948(hereinafter referred,to in short as the Act)read with sub -section(2)of section 5 of the said Act revising the minimum wages which had been originally fixed in respect of persons employed in the timber and plywood industries in the State.The earlier fixation in respect of timber industry was under a notification dated the 22 nd August,1959 evidenced by Ext.P -1.The prior fixation in respect of the plywood industry had been made as per the notifica­tion Ext.P -2 dated the 12 th July,1962.The impugned notification Ext.P -7 shows that the revised fixation had been effected by the Government after considering the advice of a committee appointed by it under clause (a) of sub -section(1)of section 5 of the Act.

(2.) THE first ground urged by the petitioners in support of their challenge against the impugned notification is that the committee under whose advice the State Government has effected the refixation of the minimum rates of wages was not a validly constituted body since its composition was not in accordance with the provisions contained in section 9 of the Act.The argument on behalf of the petitioners is that as against only two representatives of employers engaged in the saw mill industry there were three persons on the committee representing the employees in the said scheduled employment and that this constituted a clear violation of the terms of section 9 of the Act.Ext.P -6 is a copy of the notification dated 30th November 1967 whereby the Government appointed the committee to hold enquiries and advise it in respect of the revision of minimum rates of wages fixed in respect of employments in timber and plywood industries.The committee consisted of four re­presentatives of employers and an equal number of repre­sentatives of employees and also a retired judicial officer as independent member.It is contended on behalf of the petitioners that under sections 5 and 9 of the Act it is obligatory on the part of the Government to constitute separate committees in respect of each of the scheduled employments for which a fixation or revision of minimum wage is proposed to be made and that the composition of the committees should be such as to give equal representa­tion to employers and employees in each particular sche­duled employment.According to the petitioners the Government acted illegally in constituting a composite committee for advising it in the matter of revision of the minimum rates of wages in respect of both the timber industry as well as the plywood industry which are two distinct scheduled employments.It is also contended that even if it is assumed that it is permissible to constitute a composite committee,such committee should consist of equal numbers of representatives of the management and the employees engaged in each one of the scheduled employments.

(3.) ON a plain reading of section 5 it appears to me that the scheme of the Act is to leave it to the discretion of the Government to decide whether separate committees should be appointed in respect of each one of the scheduled employments or whether it would be sufficient to have a single committee to advise them in the matter of fixation of minimum wages for more than one scheduled employment.The wording used in clause (a) of the section admits of only such a construction since the Government is empowered to appoint as many committees and sub -committees "as it con­siders necessary " ;.Thus the legislature has clearly invested the Government with full freedom to decide how many committees or sub -committees should be appointed for advising it in respect of the fixation or revision of the minimum rates of wages in respect of the scheduled employments.