ASSOCIATION OF PLANTERS OF KERALA Vs. STATE

JUDGEMENT

(1.) THE Association of Planters of Kerala and a member of the said Association have filed the Original Petition seeking for a direction to direct the respondent to withdraw Ext, P2 notification dt. November 19, 1995. The said notification is a draft preliminary notification issued under Clause (b) of Sub-section (1) of Section 5 of the Minimum Wages Act, 1948 (for short 'the Act ). The petitioners have also prayed for a writ of prohibition to prohibit the State Govt. from taking any further steps pursuant to the said notification.

(2.) THE facts of the case briefly stated are as follows: The Govt. of Kerala issued a draft preliminary notification containing proposals regarding the revision of minimum wages payable to the classes of employees employed in Tea, Rubber, Coffee, and Cardamom plantations in the State with effect from April 1, 1995. It is stated that approximately four lakhs of employees were employed in various plantations in Kerala. The last wage revision was made in the year 198s. As per Section 3 of the Act, the appropriate Govt. is required to review the minimum rates of wages at intervals not exceedings five years. Hence, a proposal in the form of draft preliminary notification dt. November 18, 1995 was issued for the information of all persons who are likely to be affected calling upon them to submit their objection and suggestion on or before January 20, 1996. In pursuance to the said notification, the petitioners have filed their objection on January 16, 1996. The Govt. is yet to issue the final notification. Contending that the said notification suffers from jurisdiclional error apparent on the face of the records the above writ petition is filed.

(3.) LEARNED Senior council appearing on behalf of the petitioners submits that the issuance of Ext. P2 notification in exercise of jurisdiction conferred on the State as a delegate is ultra vires of the provisions of the Act and Rules, arbitrary, unreasonable and against public interest and violative of Articles 14 and 19 (1) (g) of the Constitution of India. In reference to Ext. P2 notification he formulates the following objections: viz: (i) giving retrospective effect from April 1, 1995 to the minimum rates of wages; (ii) fixation of the minimum rate for over-kilos over and above the standard output and incorporate the same as part of minimum v/ages; (iii) fixation of service weightage and job differentials for workers.