TMI Blog1954 (10) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... t in Civil Appeal No. 139 of 1954, figures as the petitioner, while the other petition, to wit, Petition No. 189, has been filed by a number of employee working under it. To appreciate the contentions of Mr. Seervai, who appears in support of both these petitions, it will be necessary to narrate a few antecedent facts : It appears that sometime in 1950 there was an industrial dispute between the company and its labourers regarding enhancement of wages and the dispute was referred by the Government of Ajmer to an. Industrial Tribunal, by a notification dated the 1st December, 1950. The tribunal made its award on the 27th November, 195 1, and held that the present earning capacity of the mill precludes the award of higher rates of wages and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d since January, 1954, several hundreds of them, it is said, approached the managing authorities and requested them to open the mills expressing their willingness to work at ₹ 35 as wages as fixed by the Industrial Tribunal. Though the majority of workers were agreeable to work on the wages fixed by the Industrial Tribunal, the company is unable to open the mills by reason of the fact that the Minimum Wages Act makes it a criminal offence not to pay the wages fixed under the Act. This being the position and as the Minimum Wages Act stands in the way of the company s carrying on its business, on terms agreed to between itself and its workers, Petition No. 188 of 1954 has been filed by the company challenging the constitutional validity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strictions put by the Act are altogether unreasonable and even oppressive with regard to one class of employers, who for purely economic reasons are not able to pay the minimum wages but who have no intention to exploit labour at all. In such cases the provisions of the Act have no reasonable relation to the object which it has in view. We will examine these contentions in their proper order. It can scarcely be disputed that securing of living wages to labourers which ensure not only bare physical subsistence but also the maintenance of health and decency, is conducive to the general interest of the public. This is one of the Directive Principles of State Policy embodied in article 43 of our Constitution. It is well known that in 1928 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ust be due entirely to the economic conditions of these particular employers. That cannot be a reason for the striking down the law itself as unreasonable. As regards the procedure for the fixing of minimum wages, the appropriate Government has undoubtedly been given very large powers. But it has to take into consideration, before fixing wages, the advice of the committee if one is appointed, or the representations on his proposals made by persons who are likely to be affected thereby. Consultation with advisory bodies has been made obligatory on all occasions of revision of minimum wages, and section 8 of the Act provides for the appointment of a Central Advisory Board for the purpose of advising the Central as well as the State Gove ..... X X X X Extracts X X X X X X X X Extracts X X X X
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