CHIEF CONSERVATOR OF FORESTS Vs. P SUBRAMANIAM

JUDGEMENT

(1.) I and II. Writ petitions relating to Plot Watchers and Social Forestry Workers regarding claim for Minimum Wages : The petitioners in these writ petitions are officials of the Forest Department. In these writ petitions, they have come forward to challenge the orders passed by the authority constituted under Section 20 of the Minimum Wages Act, 1948. Though the orders challenged in these writ petitions may vary from writ petition to writ petition, a common question involved is their legal right to get differential wages as ordered by the Minimum Wages Authority by the impugned orders in favour of the contesting respondents.

(2.) COMPLAINTS were made before the minimum wages authority claiming for difference of wages for a particular period. The allegations were made by the Association of the Village Social Forestry Workers or the plot watchers as the case may be. Their employment was covered by Section 2(g) of the Minimum Wages Act (for short M. W. Act). They are employed within the definition of Section 2(3) of the M. W. Act. They have not been paid minimum rates of wages fixed for their employment.

(3.) WHEN a preliminary notification for the issuance of the said G. O. was made on 9. 3. 1988 calling for objections, the department had raised objections stating that by fixing minimum wages, there will be an huge loss to the Government. Notwithstanding their objections, the State Government had confirmed the minimum wage notification by G. O. Ms. No. 2292, Labour and Employment Department, dated 17. 10. 1988. Pursuant to the fixation of wages, representations were sent to the department for implementing the minimum wages notification. But, instead of implementing the order, the State Government in G. O. Ms. No. 46, Environment and Forest Department, dated 12. 1. 1990 had fixed minimum wages at Rs. 350/- per month. In effect, they had taken note of basic pay of Rs. 14/- as the basis and calculating the monthly rate by multiplying into 25 days, they had fixed Rs. 350/-. Since dearness allowance was not calculated, a Forestry Workers Association had filed O. A. Nos. 3873 and 2388 of 1990 for giving a direction to the respondents to fix dearness allowance.