ANANDAM P LTD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners -in this Rule are Anandam private Ltd. an existing company owning two cinema houses while the petitioner No. 3 is The Eastern India Motion Picture Association, an association of the employers of cinema industries of Eastern India Region. By notification issued by the Government of West bengal under the Labour Department bearing No. 2949 L. W/lw/1a-88/co dated May 16, 1960 the Government of West bengal fixed, with effect from the date of the notification, the rates of minimum wages payable to the employees in cinema industries in West Bengal. The rates with reference to categories of employees were specified in the schedule attached to the notification. This notification was issued by the Government in exercise of the power conferred by clause (a) of Sub-section (1) of Section 3 read with Sub-section (2) of Section 5 of the Minimum Wages Act, 1948 (hereinafter referred to as the Act ). The cinema industry in West Bengal as an employment was added to part I of the schedule of the Act by the Government Notification dated May 19, 1969 under Section 27 of the Act and duly gazetted on June 4, 1959. The notification further provided under Clause 5 as follows :

(2.) THEREAFTER on or about October 11, 1974 the Assistant Labour Commissioner of the Government of West bengal addressed a letter of the Labour adviser, Eastern India Motion Picture association on the subject of working class consumer price index number for the Calcutta area. The letter is as follows :- <FRM>JUDGEMENT_32_TLCAL0_1979Html1.htm</FRM>

(3.) IT appears that the petitioners through their lawyer issued a letter of demand on the Government stating that the competent authority under the minimum Wages Act made no declaration in the official gazelle in accordance with law declaring the cost of living index number applicable for cinema industry in West Bengal. Accordingly the notices referred to above should be rescinded and withdrawn.