GOODRICKE GROUP LTD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present Writ Application has been filed, inter alia, praying for direction upon the Respondents to forbear from giving effect to the Advisory, dtd. 27/4/2023, and for a declaration that the said Advisory signed by the Respondent No.2 is illegal, void and of no effect.

(2.) The Petitioners are Owners or lessees of tea plantations in West Bengal and are carrying on business, inter alia, of growing, harvesting and manufacturing tea at such plantations. The Petitioners contended that in usual course they employ Workers for carrying out its business operations and that the provisions of the Minimum Wages Act, 1948 (hereinafter referred to as the "said Act") apply in respect of such Workers.

(3.) That the Government of West Bengal by a Notification, dtd. 17/2/2015 had constituted a Minimum Wages Advisory Committee for the State of West Bengal (hereinafter referred to as the "said Committee") in exercise of the powers conferred by Clause (a) of sub-sec. (1) of Sec. 5 read with Sec. 9 of the said Act. The tenure of the said Committee was for a period of 2 (two) years from the date of the issue of the aforesaid notification. It is the Petitioners' case that prior to issue of the said notification, the wages of the Workers of the tea plantations in West Bengal were fixed by tripartite settlements between the Employers and the Workers of such plantations. The settlements were entered into as per the provisions of the Industrial Disputes Act, 1947.