BATA INDIA LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this application under Articles 226 and 277 of the Constitution seeks to challenge certain directions given it to by the Dy. Labour Commissioner, Patna vide his letter No. 3790 dated October 30, 1991; a photo copy of this letter has been enclosed as Annexure-I.

(2.) The petitioner is a Company engaged in the business of manufacture and sale of footwear and one of its factories/manufacturing units is situated at Bataganj, Digha in the city of Patna (hereinafter lo be referred as 'the Digha Factory')- For the benefit of its workers, the petitioner is obliged, under the provisions of the Factories Act, to maintain a canteen at the Digha factory. It has naturally employed workers to work in the canteen. The petitioner pays wages to its workers (other than those working in the canteen) in terms of periodically revised wage agreements arrived at between the management -' and the Union of Workers, respondent No. 3. To the canteen workers, however, it pays (much lower) wages al the rates fixed by the notification relating to leather industries, issued under the Minimum Wages Act. There is admittedly a dispute in existence between the management and the workers regarding the rates at which the canteen workers are entitled to receive their wages. It appears that on this dispute a conciliation proceeding under the Industrial Disputes Act was going on before the Dy. Labour Commissioner in course of which (and not under any provisions of the Minimum Wages Act) the impugned letter has been issued. The letter under challenge purports to direct the management to pay wages to the workers of the canteen at the rates fixed by the notification relating to hotel and restaurant workers issued under the Minimum Wages Act. It is this purported direction which causes grievance to the petitioner and which is sought to be challenged in this application.

(3.) Mr. Jai Krishna, learned counsel appearing on behalf of Bata Mazdoor Union, respondent No. 3 has been unable to point out any provision either in the Minimum Wages Act or in the Industrial Disputes Act or in any other law, by virtue of which the Dy. Labour Commissioner could legally issue such directions to the petitioner.