MADHYA PRADESH MINERAL INDUSTRY ASSOCIATION Vs. REGIONAL LABOUR COMMISSIONER CENTRAL CIVIL LINES NAGPUR

JUDGEMENT

(1.) IN this petition is raised a question of importance to the manganese mining industry. The question raised relates to the applicability of the provisions of the Minimum Wages Act, 1948, to persons employed in stone breaking and stone crushing operations carried on at the mines. The petition is moved at the instance of a limited liability, non-profit-making Company registered under Section 26 of the Indian Companies Act. The petitioner claims to represent its 65 associated members owning 230 manganese mines, and since the question raised is one of the applicability of the Act to the industry as a whole, we have permitted the petitioner to move the petition though no right special to the petitioner has been shown to be infringed. Moreover, the respondents did not object at the hearing to the petitioner being allowed to represent its members without any particular injury, or infringement of right being made out.

(2.) THE facts upon which the petition is founded lie within a short compass. The Minimum Wages Act (XI of 1948) came into force on 15th March, 1948. Section 2 (b) read with Section 3 of the Act gives the Central Government the power to make notifications in regard to any scheduled employments in mines to which the Act should apply, but the President acting under his powers under Article 258 of the Constitution has delegated his powers to the State Government by a notification No. S. R. O. 2052, dated 11th December, 1951. Acting under that delegation, the then State of Madhya Pradesh (now represented by the State of Bombay, respondent No. 2) issued a notification No. 352-257-XXIII on 30th March, 1952, adding an entry in the Schedule to the Act and so the provisions of the ACT came to be applied to

(3.) BEFORE we state the question that is raised, it would be appropriate to refer to certain provisions of the Minimum Wages Act. Sub-section (1) of Section 3 of the Act runs as follows :