BISRA LIME STONE CO Vs. LABOUR INSPECTOR CENTRAL

JUDGEMENT

(1.) BISRA Limestone Company Limited--who is stated to cany on mining operations at Bisra in Sundargarh District involving drilling, blasting, collection of blasted materials by mechanical means, breaking of boulders to separate limestone and dolomite mechanically and manually dumping and shovelling and other such operations stated to be incidental to mining--is the petitioner challenging the legality of the notification dated March 27, 1963 issued by the Government of orissa Labour Department, purported to be in exercise of the powers conferred by section 3 read with Section 5 (2) of the Minimum Wages Act, 1948 (Central Act no. 11 of 1948) (hereinafter referred to as the Act) by which the Government of orissa fixed the minimum wages at rates mentioned therein, payable to the class of employees employed in stone-breaking and stone-crushing operations carried on by the petitioner in quarries situated in Orissa. The petitioner also challenges the show cause notices dated July 22 and July 23, 1964 issued by the Labour inspector, Central Government, at Jharsnguda, and served on the petitioner as to why legal action should not be taken against the petitioner for alleged contraventions as noted therein, and for irregularities in that the persons specified therein were paid wages at rates less than the minimum rate of wages as fixed for their category by the said notification.

(2.) THE impugned Orissa Government notification dated March 27, 1963 is quoted below-Government of Orissa labour Department notification. Dated Bhubaneswar, 27th March, 1963. No. IW-17/63. 3740/lab. In exercise of the powers conferred by Section 3 read with Sub-section (2)of Section 5 of the Minimum Wages Act, 1948 (II of 1948) and in supersession of the Notification of the Government of Orissa, Labour department No. 1175 Lab. dated the 27th March, 1952, the State government do here- by fix the minimum wages at the rates as specified in the Schedule below which shall be payable to the class of employees employed in stone-breaking and stone-crushing operations carried in quarries as are situated in the State of Orissa. Schedule. Employment in stone-breaking or Class of Rates of stone-crushing. Employees. wages per day. 23 (i)Districts of Cuttack, Puri, Balasore and Ganjam (excluding agency areas) (ii) Agency areas of Ganjam and the Districts of Mayurbhanj, Keonjhar, dhenkanal, Sambalpur, Khondmals, Boudh, Kalahandi, Bolangir-Patna, Sundergarh and Koraput. (i) Man Re. 1. 00 (ii) Re. 0. 75 Woman (i) Man Re. 0. 75 (ii) Re. 0. 50 Woman bisra Lime Stone Co. Ltd. vs. Labour Inspector, Central and Anr. (16. 10. 1968 - ORIHC) Page 3 of 5 pector, Central and Anr. (16. 10. 1968 - ORIHC) Page 3 of 5 by Order of the Governor sd. . . . . . . . . . . . . . . . Joint Secretary to Government"

(3.) THE main points urged on behalf of the petitioner are, in substance, these : The impugned notification dated March 27, 1963, issued by the Government of Orissa is ultra vires because employment in stone-breaking and stone-crushing operations carried on by the petitioner in quarries situated in Orissa, if it is purported to be included as a scheduled employment in relation to a mine, could not, under the law, be issued by the State Government. The State Government is not the "appropriate Government", as defined in Section 2 (b) of the Act, to issue the impugned notification in relation to any scheduled employment carried on in relation to a mine.