KERALA PLANTATION FEDERATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Constitutional validity of Section 2(k)(ii) of the Plantation Labour Act, 1951 (hereinafter referred to as the "Act") fixing the ceiling of the monthly wages as Rs. 750/- so as to make a 'worker' eligible to claim the benefits under the Act has been subjected to challenge in these original petitions; particularly in view of the change in circumstances, when the minimum wages payable to the workers have been increased several times as per the notifications issued by the appropriate Government at different points of time, under the relevant provisions of law.

(2.) The petitioners are the different Trade Unions registered under the Trade Unions Act, representing the major work force in the plantations in the State of Kerala, which come within the purview of the Plantation Labour Act, 1951. It is contended that though the prescription of the ceiling of maximum wages under Section 2(k)(ii) was constitutionally valid at the time of enactment, it has become obsolete and unworkable and the matter requires to be considered in the light of the present perspective.

(3.) The respondents namely the Union of India and State of Kerala have filed separate counter affidavits in O.P. No. 37167 of 2001. The crux of the contentions raised in their counter affidavits rather points to the necessity to have appropriate amendments to the statute. However, it is contended that this Court does not have the power or competency to compel the Government to enact the necessary legislation by way of amendment, in view of the law declared by the Apex Court in A.K. Roy v. Union of India, 1982 1 SCC 271, The counter affidavit filed by the second respondent/State of Kerala is more or less in support of the factual position brought to light by the petitioners/Trade Unions, though towards the end, the State has requested to "dismiss" the original petitions with cost, which is rather self contradictory.