ARVI TAHSIL CO OPERATIVE AGRICULTURAL PURCHASE AND SALE SOCIETY LIMITED Vs. DNYANESHWAR KRISHNAJI DHALE

JUDGEMENT

(1.) This is a writ petition arising out of the proceedings under section 33-C(2) of the industrial Disputes Act, 1947 (for short the Act). The respondent filed a claim petition in which he claimed the difference between his existing wages and the minimum wages fixed under the minimum wages notification for the shops and commercial establishments. The learned Labour Court allowed the claim made by him. Being aggrieved the petitioner society has preferred the instant writ petition writ petition in this Court.

(2.) The first contention, which is raised in this writ petition by the learned Counsel for the petitioner is that the Minimum Wages Act is a self contained Code and hence application under section 33-C(2) of the Act was not tenable. The said contention however, stands concluded by the Division Bench judgment of this Court in the case of (Municipal Council Achalpur v. Shaikh Rahim Shaikh Rustam and others) 1984 Mh.L.J. 998. The above contention therefore deserves to be rejected. The second contention urged on behalf of the petitioner is that this is not an establishment to which the Bombay Shops and Establishments Act, 1948 is applicable and hence the notification fixing minimum wages for shops and establishments covered by Entry 17 in the Schedule to he Minimum Wages Act would not be applicable to the establishment of the petitioner at Rohana.

(3.) In appreciating the second contention urged on behalf of the petitioner, it may be seen that as per Entry 17 in the Schedule to the Minimum Wages Act the minimum wages can be fixed in respect of any shops or commercial establishments not being employment in any bank or an employment which is included under any of the other entries in the said Schedule. The Explanation to the said entry shows that the expressions shops and commercial establishments have the same meanings a signed to them under the Bombay Shops and Establishments Act, 1948. The notification of the State Government dated 24-3-1971 also how that the said notification is applicable to the shops and commercial establishments as defined in the Bombay Shops and Establishments Act.