ENGINEERING WORKERS UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petitioner under Article 226 of the Constitution takes exception to the validity of sub-section (2-A) of section 3 of the Minimum Wages Act, 1948 hereinafter referred to as the Act.

(2.) THE Act is a device to provide minimum rates of wages to the workers of certain employments. The legislation is actuated by an awareness of the fact that there are several where labour is being exploited and where it is necessary to fix a minimum wage so that the workmen employment are not deprived of the basic requirements for their survival and capacity to work. Section 3 empowers the appropriate Government to fix minimum wages of a schedule employment. The procedure is that as employment deemed worthy of being included in the schedule is first notified and thereafter the minimum rates of wages payable to the workmen are either fixed by the Government itself or accepted on a recommendation made by the Committee appointed under section 5. The possibility of workmen being compelled to accept a wage lesser than the minimum wage is contemplated by the Act and this has been sought to be countered by section 25 which renders null and void any contract or agreement whereby an employee either relinquishes or reduces his right to a minimum rate of wages or any privilege or concession accruing to him under the Act.

(3.) PETITIONER is a trade Union registered under the Trade Unions Act, 1926. It claims to represent a large number of workmen employed in the Engineering Industry in Greater Bombay. Petitioner takes exception to the mentioned in the first paragraph, which provision was brought into force by the Minimum Wages (Amendment )Act of 1961- hereinafter referred to as the 1961 amendment. The said provision, according to the Statement of Objects and Reasons, was made so that :