GUJARAT MAZDOOR SABHA Vs. COMMISSIONER OF LABOUR

JUDGEMENT

(1.) Learned Counsel for the appellant challenging the correctness, validity and propriety of the Order dated 5th February, 1999 passed in Special Civil Application No.7814 of 1998, submitted that violation of the labour's right to get the minimum wages if is treated to be a violation of fundamental rights and violation of rights enshrined under Article 23 of the Constitution of India, then, this Court must issue a writ under Article 226 of the Constitution of India irrespective of the fact that proper legal forums, authorities and Courts have been made available to the persons for raising their disputes before such authorities. Placing reliance upon the judgements of the Supreme Court, viz. (i) 5 People's Union for Democratic Rights & Ors. v. Union of India & Ors. [AIR 1982 S.C. 1473J; (ii) Sanjit Roy v. State of Rajasthan [(1983) 1 S.C.C. 525]; and (iii) Bandhua Mukti Morgha v. Union of India & Ors. [(1984) 3 S.C.C. 161], it was submitted that if the right to receive the minimum wages is a fundamental right and non-payment of the minimum wages tantamounts to violation of the fundamental is right, then, a writ must be issued against every entrepreneur, employer, industrialist or so, who is employing the labour but is not making the payment of the minimum wages.

(2.) The appeal is contested by the other side.

(3.) True it is, that in the matter of People's Union lor Democratic Rights (supra), the Supreme Court has observed that non-payment of the minimum wages amounts to violation of the fundamental rights, but, at the same time, it observed that it would also be for the State to take appropriate action against such erring Officers, whether they are private or departmental. In paragraph-17, while disposing of the Writ Application, it was observed by the Supreme Court that in case where the Government or the State or the Government Corporations take work from the labour or get the labour from the contractor, then, their endeavour must be to see that the minimum wages are paid to them and no violations are made. However, the Supreme Court even in the said matter, did not say that it would issue a writ against the employers or the contractors, 45 but, simply required the State and its agencies to see that the minimum wages are paid. The Supreme Court had observed that the authorities must take great care to see that the provisions of the Labour Laws are being strictly observed and they should not wait for any compliant to be received from the workman in regard to non-observance of any such provisions before proceeding to take action against the erring Officers or contractors, but, they should institute an effective system of periodic inspections, coupled with occasional surprise inspections by the higher Officers, in order to ensure that there are no violations of the provisions of the Labour Laws and the workmen are not denied the rights and the benefits, to which they are entitled under such provisions and if any such violations are found, immediate action should be taken against the defaulting Officers or contractors.