(1.) THIS is an application under Article 227 of the Constitution by the aggrieved party against the order of the Additional Deputy Commissioner, Cachar dated 23rd of October, 1958, working as the Minimum Wages Officer.
(2.) THE proceeding was started by the Petitioner Mohendra Kisore Purkayastha who worked as a Compounder in the Sonaicherra Tea Estate, in the district of Cachar. His case was that he was one of the members of the staff of the tea garden, and according to the Government Notification under the Minimum Wages Act dated 11th March, 1952, he was entitled to get his wages at the rate prescribed under that notice. According to the notification any member of the staff employed in a tea estate was entitled to get a basic wage of Rs. 60/ - per month plus dearness allowance of 50 per cent with the minimum of Rs. 30/ - per month. The learned Additional Deputy Commissioner gave effect to the contention and held that the Petitioner was entitled to the minimum wages of Rs. 90/ - per month.
(3.) MR . Das for the Petitioner has contended before us that a Compounder per se is not an employee within the definition given in Section 2(i) of the Minimum Wages Act where it is said that "employee" means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed."