1953 (10) TMI 46 - HC - Indian Laws

Summary

Issues Involved:
1. Jurisdiction of the Industrial Tribunal to fix wages after the Minimum Wages Act.
2. Competency of the reference concerning maistries and kole maistries.
3. Validity of the reference related to bonus for the year 1949-50.
4. Legality of the Government's amendment to the reference.

Issue-wise Detailed Analysis:

1. Jurisdiction of the Industrial Tribunal to fix wages after the Minimum Wages Act:
The primary issue was whether the Government could refer a dispute concerning wages to an Industrial Tribunal under Section 10 of the Industrial Disputes Act, 1947, after minimum wages had been fixed under the Minimum Wages Act, 1948. The petitioner argued that the Minimum Wages Act, being a later and specific legislation, superseded the Industrial Disputes Act concerning wage fixation. The court noted that the two Acts served different purposes: the Industrial Disputes Act aimed at preventing strikes and lockouts by settling disputes, while the Minimum Wages Act aimed at protecting unorganized labor from exploitation by fixing minimum wages. The court concluded that the Minimum Wages Act did not impliedly repeal the Industrial Disputes Act. The Tribunal could still adjudicate wage disputes, considering minimum wages as the starting point but having the authority to determine fair wages based on various factors, including the industry's capacity to pay.

2. Competency of the reference concerning maistries and kole maistries:
The petitioner contended that maistries and kole maistries were not "workmen" as defined under the Industrial Disputes Act and thus could not be included in the reference. The court held that whether individuals were "workmen" depended on the nature of their duties, which was a factual determination to be made by the Tribunal. The Tribunal had the jurisdiction to decide if maistries and kole maistries fell within the definition of "workmen."

3. Validity of the reference related to bonus for the year 1949-50:
The petitioner argued that the reference to the Tribunal regarding the bonus for 1949-50 was invalid as the issue had been settled in a meeting on 4-4-1951. The Government's counter-affidavit acknowledged the settlement but mistakenly stated it occurred on 4-4-1952. The court accepted the settlement's factum and quashed the reference concerning the bonus for 1949-50, as there was no dispute on this issue.

4. Legality of the Government's amendment to the reference:
The petitioner challenged the Government's authority to amend a reference under Section 10 of the Industrial Disputes Act. The court found this objection to be a mere technicality. The Government could have made an independent reference for any matter not covered by the previous reference. The form of the amendment did not merit interference, and the objection was dismissed.

Conclusion:
The court quashed the reference concerning the bonus for 1949-50 but upheld the validity of the references regarding wages and the inclusion of maistries and kole maistries. The amendment to the reference by the Government was also deemed valid. The petition was dismissed except for the quashing of the bonus reference, with costs awarded to the workers' advocate.