NEW SUTLEJ TRANSPORT COMPANY PRIVATE LIMITED Vs. STATE

JUDGEMENT

(1.) THIS is a revision against an order of a learned Magistrate, confirmed by the learned Sessions judge, convicting the petitioner, who is the managing director of the New Sutlej Transport company with its head office at Jullundur, under Section 22a of the Minimum Wages Act (hereinafter referred to as the Act) for breach of Rule 26a of the Minimum Wages Rules, 1950 (wrongly mentioned as 1952) (hereinafter referred to as the rules ). He was fined Rs. 5.

(2.) ACCORDING to the report of the labour inspector, no duty-cards had been issued to the drivers and conductors as prescribed under Rule 26a. This rule was added by notification No. 2925-S-Lab.-58/19244, dated 10/17 March 1958, by the Governor of Punjab in exercise of the powers conferred by Section 80 of the Act. The rule applies only in respect of employees engaged in public motor transport and requires every employer to issue a card in the form prescribed, which card is to be kept in the custody of the employee during the month and thereafter is to be returned to the employer who is to preserve the same for a period of three years, Entries in this card have to be made every day in the presence of the employee by the employer or any person authorized by him in this behalf. Form X prescribed under this rule, besides giving the information about the name of the employer, the garage or the depot and the name of the employee, requires that the reporting time, relieving time, rest intervals and overtime hours should be entered therein for each day.

(3.) THE plea taken by the learned Counsel for the petitioner is that this rule is ultra vires and goes beyond the provisions of the Act. Section 30 (1)of the Act is in the usual form giving general powers to the Government to make rules "for carrying out the purposes of this Act. " Sub-section (2) lays down certain matters on which, without prejudice to the generality of the power given under Sub-section (1), the appropriate Government may make rules. Sub-clause (i) runs as follows: prescribe the form of registers and record to be maintained and the particulars to be entered in such registers and records. The impugned Rule 26a and the form attached therewith would certainly fall under the category of records to be maintained and the particulars to be entered in such records.