ASANSOL BUS ASSOCIATION Vs. ASST LABOUR COMMISSIONER

JUDGEMENT

(1.) This is an appeal against an order of Banerjee, J. dated the 22nd May, 1962 by which he summarily rejected the application and refused to issue a Rule.

(2.) The facts are shortly as follows :

(3.) The appellant before us is the Asansol Bus Association, a body corporate incorporated under Section 28 of the Indian Companies Act. It represents persons in Asansol carrying on business of running motor buses, taxi-cabs etc. It is stated that the Association has been authorised by the Regional Transport Authority, Burdwan, to prepare a time-table for the smooth running of the buses in or about Asansol. The timetable prepared by the Association is approved by the Regional Transport Authority before it is given effect to. The Association has also been authorised by the Regional Transport Authority to appoint time-keepers for the purpose of noting whether the buses arrive and depart in all stages, according to the time-table prepared by the Association and approved by the Regional Transport Authority as aforesaid. It is said that according to the direction given by the Regional Transport Authority, these time-keepers, although appointed by the Association and paid from its own funds are, in fact, agents of the Regional Transport Authority. On or about the 9th April, 1962 the Association received a requisition from the Assistant Labour Commissioner, Asansol, directing them to pay minimum wages as fixed by the proper authorities to the time-keepers. In this application the said order is challenged. The order is based on the notification issued by the Government of West Bengal No. 4068-lw/7w-57/58 dated 14th July, 1959 published in the Calcutta Gazette dated 6th August, 1959 whereby it has been directed, that minimum rates of wages as stated in the Schedule was to be paid to "the employees employed in the public motor transport in West Bengal".