A.K. GHATAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) THESE two Rules raise common questions and are disposed of by one order.

(2.) CIVIL Rule No. 175 of 1983 arises out of an application under Article 226 of the Constitution filed by one A.K. Ghatak, proprietor of Iahorijan and Nirmal Kumar Tea Estates. The Petitioner is the proprietor of P.N. Chatak and Co. having its Head Office in' Calcutta. The company owns tea gardens in the State of Assam and in the State of West Bengal. Nirmal Kumar Tea Estate and Lahori -jan Tea Estate are situate in North Caehar and Mikir Hills and are owned by the company. In the present petition under Article 226 of the Constitution the Petitioner has prayed for a writ of mandamus directing the opposite parties, the State of Assam, the Secretary, Government of Assam, Labour Department, Shri K.C. Baishya, Labour Inspector, Gola -ghat, and Shri S. Dey, Labour Officer (Plantation), Shillong, to give effect to the recommendations of the Minimum Wages Committee arrived at by its meeting held on 21st March, 1960 and further directing them not to implement the Central Wage Board for the Tea Plantation Industries' resolution as in the case of Cachar gardens. The brief facts necessary for disposal of the case are that on 10th October, 1950 a Minimum Wages Committee for tea plantation in Assam was formed by the Government of Assam. The Committee was entrusted with the task of apprising the Government for fixing the minimum wages in respect of employment in tea plantation in Assam under Section 5(1)(A) of the Minimum Wages Act, 1948. The Committee submitted its report on 18th November 1951 and recommended the pattern of wage structure of different plantations in different areas in the State of Assam. By a notification dated 11th March 1952 the recommendations of the said Minimum Wages Committee, which were accepted by the Government, were enforced. The State of Assam was divided into three zones - (1) tea gardens situated in Karnrup, Nowgong and North Lakhimpur, (2) rest of Assam Valley, and (3) Cachar. The two tea gardens owned by the Petitioner were located in the Mikir Hills. They were grouped with the rest of Assam.

(3.) THE main contention raised by the Petitioner is that the notification issued by the Government fixing the minimum wages of the workers of the gardens in question without waiting for the report of the Minimum Wages Committee appointed under the notification of 1958 was ultra vires.