EAST COAST COMMERCIAL COMPANY LTD Vs. ANAVALLI PRAKASARAO

JUDGEMENT

(1.) In 1972, there was a dispute between the employers and employees of the Jute Mills in our State. The workers demanded an increase in their wages. Both the employers and employees sought the good offices of the then Chief Minister of the State, to resolve the dispute. They agreed to abide by his decision. So, the then Chief Minister held discussions on the 5th and 6th July, 1972 with the representatives of the workers and the manage- ments of the Jute Mills in the presence of the Minister for Labour and the Minister for Industries. The Chief Minister awarded an interim relief of Rs. 25 to the workers in Ghittivalasa Jute Mill, Mellimarala Jute Mills, Rs. 20 to the workers in Sri Bhajranga Jute Mills, Guntur and M/s. Sri Krishna Jute Mills, Eluru and Rs. 15 to the workers of Uma and East Coast Commercial Company (the petitioner herein), pending detailed study and final decision over the wage dispute.

(2.) The Deputy Commissioner of Labour was instructed to study the conditions of the Jute Mills in the State in relation to workers' demand and after a thorough study, he submitted his report. The Chief Minister, after careful examination of that report and after further discussions with the Minister for Labour, passed the award enhancing the wages in the various Jute Mills in the State. So far as the petitioner- company is concerned, he decided that the total minimum pay of a worker shall be Rs. 180 for mensem (I am told, this company was paving previously Rs. 140 per mensem for each worker). It shall be pavable from 1st July, 1972. The difference in the wage shall be paid on or before ist November, 1972. We are not concerned with the other conditions of the award for the purpose of these writ petitions. The award shall be in operation till ist July, 1975. It was published in the Andhra Pradesh Gazette in G.O.Ms. No. 1437, Home (Labour-I) Department, dated 6th October, 1972.

(3.) The petitioner-company paid the interim relief of Rs. 15 to its workers but did not pay the difference of Rs. 40 in the wage from 1st July, 1972 to 31st October, 1972. So, the Workers' Union complained to the Regional Assistant Commissioner of Labour, Visakhapatnam. He called for a meeting of the Management and the workers on 7th December, 1973 to discuss that question; but the Management refused to pay the enhanced wage of Rs. 180 to its workers. Thereafter, the workers filed three petitions viz., P.W. Cases 19, 20 and 21 of 1973 before the Authority under the Payment of Wages Act, 1936 (hereinafter called the Authority), to direct the Management to pay to each worker the difference of Rs. 40 in his wages.