C.S. PARAMESWARAN Vs. AUTHORITY

JUDGEMENT

(1.) THESE four petitions arise out of the orders made by the learned Civil Judge, Junior Division, acting as the Authority under the Payment of Wages Act and the Minimum Wages Act at Nandgaon, District Nasik, Special Civil Application No. 454 of 1968 arises out of original Application No. 2 of 1964; No. 455 of 1968 arises out of original Application No. 3 of 1964; No. 456 of 1968 arises out of the original Application No. 1 of 1965 and No. 457 of 1968t arises out of original Application No. 2 of 1965. These applications were filed by the workers of the 'Central Railway administration, Bhusaval Division. Applications Nos. 2 and 3 of 1964 were filed by 382 workers, the claim in Application No. 2 being for the period from April 1, 1952 to February 29, 1964, while the claim in Application No. 3 for the period from May 1, 3964 to October 31, 1964. Application No. 1 of 1965 was filed by 319 other workers, the claim being for the period from April 1, 1952 to July 31, 1964 and Application No. 2 of 1965 was filed by 2.43 other workers, the claim being for the period from April 1, 1952 to January 31, 1965.

(2.) THESE claims arise out of a Notification under the Minimum Wages Act, 1948 (hereinafter referred to as the Act) made by the Central Government, by virtue of its powers under Section 5 of the said Act. The said Notification was published on March 31, 1952. In respect of the area in which these workers were working, the Notification fixed the minimum rates of wages for skilled, semiskilled and unskilled workers at Rs. 2 -8 -0, Re. 1 -8 -0 and Re. 1 -4 -0 per day. Prior to this, in pursuance to the provisions of the Act under Section 13 the Central Government had made rules on October 14, 1950, called the Minimum Wages (Central) Rules, 1950. The combined effect of Rules 24 and 25 of the said Rules is that if any worker worked more than 48 hours a week, he would be entitled to be paid overtime wages at twice the original rate of wages. The petitioners claimed that they were not paid according - to this Notification for the entire periods their due minimum wages nor were they paid the overtime wages though they were required to work eight and half hours per day and not eight hours per day as required by the Notification.

(3.) THE Central Railway Administration in its objections to the applications inter alia contended that the Minimum Wages Act and the Notification did not apply to them and that none of the applicants was required to work overtime after December 5, 1956. Some other technical objections were also raised. The Authority east as many as 14 issues. The Authority, after hearing both the parties and taking such evidence as it thought proper and was offered before it, granted the applications of 854 workers and dismissed the claims of the rest of them.