JASWANT RAI BERI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Punjab Government on 28-2-1957 issued a notification under Section 5 (2)of the Minimum Wages Act, 1948 (Central Act XI of 1948), fixing minimum rates of wages of skilled and unskilled employees in private presses. Some of the owners of printing presses have filed this petition under Article 226 of the constitution challenging the validity of this notification.

(2.) THE Minimum Wages Act of 1948 (hereinafter called the Act) provides a machinery for fixation of minimum rates of wages payable to employees in certain trades specified in Part I of the schedule attached to the Act and it will be convenient to give its relevant provisions to appreciate the objections of the petitioners. Section 27 of the Act empowers the appropriate Government to amend the schedule by adding any employment in respect of which the Government is of the opinion that minimum wages should be fixed and lays down the procedure which must be followed for so amending the schedule. Section 5 lays down the procedure for fixing minimum wages. The Government may appoint a Committee to hold an inquiry and then to advise it in the matter of fixing minimum wages or in the alternative the Government may publish its own proposals for the information of persons likely to be affected. After considering the advice of the Committee or the representations on the proposals of the government as the case may be, the Government shall fix the minimum rates of wages in respect of the scheduled employment by notification in the official gazette. The constitution of the Advisory Committee is laid down in S, 9 of the Act. It shall consist of Government nominees who do not represent any interest in the employment concerned and an equal number of representatives of the employers and employees concerned. The independent persons should not exceed one-third of the total number of the Advisory Committee, and one of these independent persons shall be appointed its Chairman. Section 30 empowers the Government to make rules for carrying out the purposes of the Act. The rules inter alia lay down the procedure for filling of casual vacancies on resignation and cessation and for restoration of membership. The rules also lay down the regulations to be observed in the meetings of the committee.

(3.) THE Punjab Government amended para I of the schedule to the Act by adding "employment in private presses" and this addition was notified in the official gazette of 29-2-1956 after having notified its intention to do so as laid down in section 27 of the Act. The Government then issued a notification under Section 5 of the Act constituting the Committee for fixing minimum wages in respect of private presses. The Government nominated two independent persons and three persons each representing employers and employees. This Committee was constituted on 27-11956. Subsequently in January 1957 additional members were nominated increasing the representation of employers and employees to five each. It appears that the Committee held six meetings. The Committee made its report on 10-21957. The petitioners allege that the report was considered by the Labour Minister who increased the rates suggested by the Committee and thereafter the Chief Minister further increased them. The notification under Section 5 (2) of the Minimum Wages Act fixing the rates was issued on 28-2-1957. The real grievance of the petitioners which was repeatedly emphasised before me is that they are owners of small presses and the uniform rates fixed by the Government are so high that small presses are likely to be squeezed out of business and that they are likely to lose their source of livelihood. They have challenged the validity of the Constitution of the Advisory Committee and of its proceedings as well as the validity of the impugned notification.