K RAMASWAMY DOSS Vs. A RAMA PILLAI

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for the issue of a writ of certiorari to set aside the order of the Industrial Tribunal, Madurai, dated 11-111953 passed under Section 20, Minimum Wages Act, (Act XI of 1948), hereinafter referred to as the Act.

(2.) The petitioner carries on a public motor transport service. Employment in public motor transport is item 11 of Part 1 of the schedule to the Act. The tribunal found that the first respondent was in the employ of the petitioner as a bus conductor between 7-11-1951 and 4-3-1953. The notification prescribed by Section 3(l)(a)(i) and Section 5 of the Act was issued by the Government of Madras, the appropriate Government, on 28-3-1952, fixing the minimum wages payable under the Act to a bus conductor at Rs. 30 plus dcarness allowance of Rs. 10 a month.

(3.) On 30-6-1953, the first respondent applied to the Industrial Tribunal as the authority appointed under Section 20, Clause (1) of the Act claiming in all a sum of Rs. 3168/-, claimed Rs. 288 as the balance of wages due to him under the Act and he claimed ten times that amount, Rs. 2880 as compensation for the non-payment of the wages. The Tribunal dismissed his claim for compensation. It held that the first respondent was entitled to a sum of Rs. 306-4-0 which, the Tribunal held, constituted the difference between the minimum wages payable to the first respondent between. 1-4-1952 and 4-3-1953 at Rs. 49 a month, and the amount actually paid to him during that period by the petitioner as wages.