DIVISIONAL RAILWAY MANAGER SOUTH CENTRAL RAILWAY VIJAYAWADA AND Vs. LABOUR ENFORCEMENT OFFICER CENTRAL RAJAHMUNDRY

JUDGEMENT

(1.) The common question which arises for decision in these writ petitions is whether the licensed porters, who are employed in the Parcel Offices of the Railway, are entitled for payment of the minimum wages as per the Minimum Wages Act, 1948 (hereinafter referred to as the Act).

(2.) The competent authority under the Act held in favour of the porters and directed the Railway Administration to pay not only the difference of wages claimed but also a further sum equivalent to the difference of wages as one time compensation. Questioning the said orders of the authority, these writ petitions are filed by the Railway.

(3.) It is not in dispute that employment in loading and unloading in Railways' goods sheds, docks and ports was brought within the purview of the Act by adding the same to Part-1 of the Schedule to the Act vide Notification No. S.P. 2092 date 23/04/1983 issued by the Central Government which is the appropriate Government. Likewise employment in ashpit cleaning on Railways was added to Part-I of the Schedule to the said Act vide Notification No.S.O. 2093 dated 23/04/1983. By Notification dated 7/12/1989, the Central Government fixed the minimum rate of wages payable to the employees engaged in loading and unloading in Railways' goods sheds and in ashpit cleaning the Railways. The minimum wages so fixed were being revised from time to time. Thus it is beyond dispute that the employees engaged in loading and unloading in Railways' goods sheds and in ashpit cleaning in Railways are covered by the Minimum Wages Act. The present controversy is whether the licensed porters engaged for loading and unloading in the Railways' Parcel Offices are also entitled for payment of the minimum wages as per the Act.