TMI Blog1956 (12) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... conferred by s. 3 read with sub-s. (2) of s. 5 of the Act issued the following notification: No. GLR. 352/51/56.-In exercise of the powers conferred by section 3 read with sub-section (2) of section 5 of the Minimum Wages Act, 1948 (XI of 1948), as amended, the Governor of Assam, having considered the advice of the committee appointed under clause (a) of sub-section (1) of section 5 of the said Act, is pleased to fix minimum wages, which will come into force with effect from the 30th March, 1952, consisting of basic wages and dearness allowance in terms of clause (1) of sub-section 1 of section 4 of the said Act, at the rates as specified in the schedule hereto annexed payable to employees employed in tea plantations in the different districts of Assam. 2. These rates are exclusive of concessions enjoyed by the workers in respect of supplies of foodstuffs and other essential commodities and other amenities which will continue unaffected. -The existing tasks and hours of work may continue until further orders. SCHEDULE. 1. ORDINARY -UNSKILLED LABOUR Adult male. Adult female. (16 years above) (16 years above) Basic D.A. Total. Basic D.A.Total. wage. wage. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urers contended that the existing work-load or task at the date of the said notification was 16 seers for male labourers and 12 seers for female labourers and they were entitled to such extra payment at the rate of 6 ps. per seer for leaves plucked by them in excess of -the 16 seers and 12 seers respectively. There was a difference thus in payment, of as. 4/- per day in the case of male labourers and as. 51- per day in the case of female labourers and they claimed that the managers of the tea estates should pay them the basic wages of as. 12/per day and as. I I/- per day respectively for the workload or task of 16 seers for male labourers and 12 seers for female labourers and extra wages at the rate of 6 ps. per seer of leaves plucked by them in excess of those quantities. This claim of theirs was the subject-matter of the applications filed on their behalf before the Deputy Commissioner, Sibsagar, under s. 20(2) of the Act. The applicants asked for directions under a. 20(3) to the managers, of the tea estates for payment of the difference between the minimum wages fixed by the Government and the wages actually paid to them from March 30, 1952, which was the date from which the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otification dated March 11, 1952, fixed only I a minimum time rate and no more. Under s. 3 (2) of the Act it was competent to the Government to fix (a) a minimum rate of wages for time work (called a minimum time rate ), (b) a minimum rate of wages for piece work (called a minimum piece rate ) or (c) a minimum rate to be applied in the case of employees employed on piece work for the purpose of securing to such, employees a minimum rate of wages on a time work basis (called a guaranteed time rate- ) and what was done by the Government was to fix a minimum time rate within the meaning of s. 3 (2) (a) so that the labourers were to be paid the basic wages mentioned in the Schedule regardless of their out-turn of work. If this contention is correct, the labourers would not be entitled to any extra wages for the quantities of green leaves plucked by them in excess of the 16 seers or 12 seers per day which was alleged to be the existing work-load or task at the date of the notification. It is, therefore , urged that prior to such fixation of minimum wages there was no work-load or task for the labourers engaged in plucking tea leaves. This contention is obviously unsound. Both ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isted and if the same state of affairs was to continue, viz., that the labourers would continue to be paid the basic wages on the computation of 6 ps. per seer of green leaves plucked by them, there was no sense whatever in increasing the basic wages from as. 8/- to as. 12/- for male labourers and from as. 6/- to as. II/- for female labourers as was sought to be done by issuing the notification in question. The acceptance of the contention of the appellants would mean that no advantage whatever was sought to be conferred by the Government on the labourers engaged in plucking leaves in these tea estates which intention can scarcely be attributed to the Government. We are, therefore, of opinion that what was fixed by the notification was not merely a minimum time rate irrespective of the existing work-load or task which used to be performed by the labourers- but was a minimum wage which, though fixed for time work, was necessarily correlated to the work-load or task then being performed by these labourers so that whatever extra work was done by the labourers in excess of the existing work-load or task of plucking 16 seers of tea leaves in the case of male labourers and 12 seers o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ained, the Authority shall hear the applicant and the employer or give them an opportunity of being heard, and after such further enquiry if any as it may consider necessary, may, without prejudice to any other penalty to which the employer may be liable under this Act, direct the payment to the employee of the amount by which the minimum wages payable to him exceed the amount actually paid,, together with the payment of such compensation as the Authority may think fit, not exceeding ten times the amount of such excess and the Authority may direct payment of such compensation in cases where the excess- is paid by the employer to the employee before the disposal of the application. (6) Every direction of the Authority under this section shall be final. It -is argued that the authority appointed under s. 20(1) of the Act is invested with the powers of hearing and deciding claims arising out of the payment of less than the minimum rates of wages and is authorised to hear the applicant and the employer or give them an opportunity of being heard, and, after such further enquiry, as it may consider necessary, to give directions under s. 20(3) of the Act which directions are final and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are entitled to the payment of these basic wages on their putting forward that much quantity of work, the nonpayment by the managers.of these tea estates to them of any extra wages on the computation of 6 ps. per extra seer unless they plucked 24 seers and 22 seers of green leaves respectively is tantamount to nonpayment of the; minimum basic wages of as. 12/- and as. 11/- respectively as fixed in the notification. We do not, propose to decide this question of jurisdiction as in the instant cases we have, in addition to the determination of the Deputy Commissioner, Sibsagar, the adjudication of the main disputes between the parties by the High Court itself. I Whatever infirmities might possibly have attached to the orders passed by the Deputy Commissioner, Sibsagar, on the score of want of jurisdiction, we feel that having regard to the circumstance that the matters have been pending since September, 1952, right up to the end of the year 1956, no useful purpose will be served by our interfering at this stage, as the Deputy Commissioner, Sibsagar, and the High Court both came to the same conclusion, a conclusion which we also have endorsed above, that the labourers are entitled ..... X X X X Extracts X X X X X X X X Extracts X X X X
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