SAKHI RAM Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) Miscellaneous Judicial Case No. 306 of 1962 arises out of Minimum Wages Act Case No. 6 of 1961 before the Labour Court, and Miscellaneous Judicial Case No. 361 of 1962 arises out of Minimum Wages Art Case No. 22 of 1961 before the same Court. Both these cases have been taken up together because the Labour Court has disposed of both the cases by one judgment and also because the points involved in both are the same The applications, which were filed before the Labour Court, were both under Section 20 of the Minimum Wages Act, 1948 (hereinafter to be referred to as the Act unless the context shows otherwise). The Labour Court has upheld a preliminary objection taken by the opposite party, i.e., the management of the Motipur Zamindari Co. Private Ltd. (hereinafter to be referred to as the company), and has dismissed the applications.

(2.) It is necessary to mention some facts in order to appreciate the points which arise for consideration. There was a dispute between the management and the employees of the company. By notification No. III/DI-1000/ 57-13354, dated the 29th July, 1957, the Governor of Bihar referred the dispute between the management and the workmen to the Industrial Tribunal for adjudication. One of the matters in dispute was as follows:

(3.) By notification No. VI/W3-1088/59 1-4068, dated the 4th March, 1959, the Governor of Bihar fixed, within the meaning of Clause (iii) of Sub-section (1) of Section 4 of the Act, the minimum rates of wages for the whole of Muzaffarpur District in respect of employees doing different classes of work in agriculture and in operations ancillary to agriculture. This notification came into force with effect from the 1st April, 1959, which was the date of its publication in the Bihar Gazette. It is admitted by Mr. J. Krishna, the learned advocate for the petitioners, that this notification was issued during the pendency of the adjudication proceeding referred to under the notification of the 29th July 1957.