BISNUPADA PAUL Vs. SREEDAM MANDAL

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution read with Section 115 of the Code of Civil Procedure and is directed against an order passed by Shri M. P. Bezbarua, I. A. S. Deputy Commissioner, Goalpara, Dhubri, disposing of a claim under Section 20 of the Minimum Wages Act, 1948 directing that the petitioner should pay to his employees the difference between Rs. 2.40 and Rs. 2.75 to be paid to the opposite parties for the period commencing from 25-8-1971 to 8-7-1972 along with compensation of Rs. 1,000/- in M. W. Case No. 28 of 1972.

(2.) The petitioner claims that he is the Managing Director of a Bidi Factory named and styled as Assam Bidi Factory(P.) Ltd. which is registered under the Companies Act, 1956 (as amended). This petition is mainly directed against 79 employees, whose minimum wage was raised to Rs. 2.75 per one thousand Bidies from Rs. 2.40, by a notification issued by the State of Assam under Section 5 (2) of the Minimum Wages Act, 1948 . The fixation of the minimum rates of wages by the State Government clearly indicates that there was due "previous publication" thereof and opinion or representations were received from the members of the public and on consideration thereof the Government was pleased to raise the wages of the employees from Rs. 2.40 to Rs. 2.75, that is to say an increase of 35 paise for one thousand bidis. The said notification was published in the Assam Gazette dated 24-2-197.1.

(3.) It appears that being aggrieved by the refusal to pay the difference between the amount paid to them and the minimum wages fixed, 81 employees under the petitioner filed an application under S. 20 of the said Act on 10-7-1972. It is not out of place to mention that during the pendency of the proceeding two of the employees died before any relief could be granted by the authority concerned. It is worthwhile to mention as well that although the notification was issued as far back as in 1971, these employees did not get their claim of 35 paise per one thousand Bidis till the present date.