GREEN STONE COMPANY Vs. REGIONAL LABOUR COMMISSIONER CENTRAL

JUDGEMENT

(1.) CIVIL Writ Petition Nos. 8257 of 1987, 1251, 2406, and 2407 of 1988 tiled against the Regional Labour Commissioner and another by M/s Green Stone Company. M/s Ram Sham and Company; M/s D. K. Minerals and M/s Bhartiya Minerals respectively are being disposed of by common judgment as common questions of fact and law are involved in these cases. For the purposes of judgment, facts have been taken from Civil Writ Petition No. 8257 of 1987.

(2.) THE petitioner is holder of contract for extraction of road metal and masonary stone, a Minor Mineral, from the State of Haryana, under the provisions of Punjab Minor Minerals Concessions Rules. 1 964, in respect of quarry of village Mewla, Mahrajpur. District Faridabad at the rate of Rs. 33 lacs per annum on February 12, 1985, the Central Government had issued notification fixing minimum wage for the workmen employed in stone mine. On September 27, 1985, the Central Government issued another notification, copy Annexure P2, fixing minimum wage for stone breaking or stone crushing in respect of Faridabad. The petitioner had challenged the validity of notification dated September 27, 1985 issued by the Government of India. Ministry of Labour, under Clause (a) of Sub-section (1) of Section 3 read with Clause (iii) of Sub-section (1) of Section 4 and sub-section of Section 5 of the Minimum Wages Act. 1948 (hereinafter to be referred to as the Act ). By this notification, the Central Government fixed minimum rate of wages of the employees doing the work of stone breaking or stone crushing at the rate of Rs 71/- for a truck load of 150 cubic feet. The notification was limited to the size of broken stone between 5 inches to 8 inches. The petitioner contends that the respondent No. 1, gave award dated August 19, 1986, copy of which is Annexure P7 to the writ petition without there being any legal evidence in support of the claim filed by Respondent No. 2. The petitioner has prayed for quashing of order passed by Regional Labour Commissioner (Central) Chandigarh dated August 19, 1986, copy Annexure P7. The Labour Enforcement Officer (Central ). Faridabad at Delhi tiled 30 claim applications before the Minimum Wages Authority under Sub-section (2) of Section 20 of the Minimum Wages Act. 1945, vide Annexure P7. it was held that under the provisions of the Minimum Wages Act. 1948. all the employees were legally entitled to receive the payment of difference of wages as claimed by the applicant in claim application. The petitioner has averred in para No. 7 of the writ petition that though constitutional validity of notification, Annexure P-2 to the writ petition, has been challenged in the Delhi High Court yet the Respondent No. 1 was taking steps to proceed with the claim petition of Respondent No. 2 for final disposal.

(3.) AT the very outset. Mr. Rathee learned counsel for Union of India has brought to the notice of this Court that the Delhi High Court in Civil Writ Petitions No. 3018, 2803, 3137, 3138. 3140 of 1985 and 21 and 58 of 1986 decided on October 29, 1991, had quashed the impugned notification issued by the Government of India dated September 27, 1985, copy Annexure P-2. to the writ petition and as such the writ petitions have become infructuous.