SHIB PROSAD GHOSH Vs. DISTRICT JUDGE

JUDGEMENT

(1.) THERE is a union of bus -owners, in the district 24 -Parganae, known an the Gholsapur Bus Syndicate (hereinafter referred to as the syndicate). The petitioner, Shib Prosad Ghosh, was, at all times material to this rule, the secretary of the syndicate and ex officio member of the executive committee of the Syndicate.

(2.) BY an award of an industrial tribunal, dated 20 March 1966, the scale of pay for starters and timekeepers employed by the syndicate was fixed at Re. 87 per month, inclusive of allowances. Thereafter, on 4 July 1959, the respondent State Government reviewed the minimum wages payable to starters and timekeepers, employed by public transport concerns in the district of 24 -Parganas, in exercise of its powers under Section 3 of the Minimum Wages Act, 1948, and fixed the same at Rs. 100. This order was published in the Calcutta Gazette on 6 August 1959.

(3.) THE petitioner filed written statement in the said proceeding, inter alia, alleging (a) that he was not the paymaster and no order could be made against him; (b) that in view of the award by the industrial tribunal, fixing a rate of wages, no claim under the Minimum Wages Act was maintainable; and (c) the order of review of wages was made according to law.