PANNASINGH PREMCHAND CHAUHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Messrs Panna Singh Premchand Chauhan has filed this writ petition under Article 226 of the Constitution challenging the fixation of the minimum wages by the State Government vide its notification dated March 26, 1969 (Annexure II) under the Minimum Wages Act of 1948 (hereinafter called the Act ).

(2.) PETITIONER's case is that it got the 'bidis' manufactured by the Bidi-rollers by providing them raw material in the form of Tendu leaves and tobacco. These persons prepars Bidis at their homes and deliver them to the petitioner after they are properly rolled PETITIONER's contention is that it has no supervision or control over the working of the Bidi-rollers and therefore the element of master and servant is absent in the relationship of the petitioner with these Bidi-rollers It is contended that the State Government issued a notification S. O. 54 on 26 3 1969, under the provisions of the Act and thereby fixed the minimum wages Rs. 2 per 1000 Bidis for Bidi-rollers. The fixation of these minimum wages, according to the petitioner, was made by the State Government in clear violation of the provisions of sec. 5 of the Act inasmuch as the Government did not consult the Advisory Board under proviso to sub-sec. (2) sec. 5 of the Act. The second contention of the petitioner is that the provisions of the Act can not be attracted to the petitioners employees as there exists no relationship of master and servants between the labourers employed by the petitioner's firm The argument of the petitioner is that since the Bidi-rollers prepare Bidis for the petitioner at their respective homes there is no control of the petitioner on the working of these Bidi-rollers, which is a necessary element to create the relationship of master and servant. In such circumstances it is prayed by the petitioner that the notification issued by the State Government on 26th March, 1969, be quashed by issuing appropriate writ, order or direction and the State of Rajasthan, their agents, servants and officers be restrained from enforcing the schedule of minimum vages as contained in the said notification.