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TMI Blog1967 (8) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... ers. The Schedule shows that the notification was to apply to ordinary unskilled labour which was again sub-divided into three classes, namely (a) adult male (16 years and above); (b) adult and female (16 years and above) and (c) working children (below 16 years and above 12 years). The rates were again to be different in the different districts of Assam which were, broadly speaking, divided into three sections. On April 16, 1952 the Government of Assam published the Minimum Wages Rules which fixed the number of hours in the case of an adult for a normal working day to nine hours, subject to a maximum of 48 hours in a weed. On June 2, 1953, the Deputy Commissioner of Lakhimpur served a notice on the manager of one of the appellants, Borhapjan Tea estate to the effect that the minimum wages prescribed had not been paid to a number of employees in accordance with the prescribed rate. The addressee was required to pay the outstanding amount of wages with the requisite amount to delayed compensation to the employees in conformity with s. 20(3) of the Minimum Wages Act and report compliance on or before the 10th of June, 1953. The manager was further directed to show cause why prosecu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut working the prescribed number of working hours. The Subordinate Judge framed a number of issues including one regarding the maintainability of the suits, heard evidence and came to the conclusion that the decisions or orders of the Deputy Commissioner were all final in terms of the Minimum Wages Act and the suits were barred under the provisions of the Act . The learned Judges of the High Court of Assam, by a majority, upheld the decision of the Subordinate Judge. 3. The evidence of the managers of the tea estates was to the effect that in each tea garden there was a number of workers described at Letter a Challans who were unwilling to perform the normal tasks which were available to them as normal labourers, that they worked for only half the day and were unwilling to work for the full day as other labourers. 4. In order to determine whether a suit challenging the decision of the authority under the Act is maintainable or not, it is necessary to take a note of the object of the Act and its provisions in general. The Act was clearly aimed at providing for fixing minimum rates of wages in certain employments which were defined as scheduled employments. An 'employee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de him with work, and (ii) in such other cases and circumstances as may be prescribed. 5. S. 20 with the marginal note claims is divided into seven sub-sections. Sub-s. (1) empowers the appropriate government to appoint a person of the qualifications mentioned to be the authority to hear and decide all claims arising out of payment of less than the minimum rates of wages. Sub-s. (2) provides for the application to the said authority for a direction under sub-s. (3) in all cases where an employee has any claim of the nature referred to in sub-s. (1). Such application may be made inter alia by the employee himself or any legal practitioner or any official of a registered trade union. Sub-s. (3) runs as follows :- When any application under sub-section (2) is entertained, the Authority shall hear the applicant and the employer, or give then an opportunity of being heard, and after such further inquiry, 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 - (i) in the case of a claim arising out of payment of less than the minimum rates of wages, the payment to the employee of the am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e been taken under certain special statutes has engaged the attention of this Court in a number of cases in recent years as also of the Judicial Committee of the Privy Council before the establishment of this Court. Under s. 9 of the Code of Civil Procedure the courts have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred . In Secretary of State v. Mask Co. 67 I.A. 222, the question was, whether the order of the Collector of Customs on an appeal under s.188 of the Sea Customs Act from a decision or an order passed by an officer of Customs as to rate of duty leviable under a tariff excluded the jurisdiction of the civil court to entertain a challenge on the merits of the decision of the Officer of Customs. It was pointed out that the determination of the question depended on the terms of the particular statute under construction and decisions on other statutory provisions were not of material assistance except in so far as general principles of construction were laid down. The Board relied upon the exposition of law by Willes, J. in Wolverhampton New Waterworks Co. v. Hawkesford [1859] 6 C.B. 336, tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... course to Her Majesty's courts for the determination of his rights is not to be excluded except by clear words. 14. In Raleigh Investment Co. Ltd. v. Governor General in Council 74 I.A. 50, where the plaintiff-appellant had filed a suit claiming a declaration that certain provisions of the Indian Income-Tax Act purporting to authorise the assessment and charging to tax of a non-resident in respect of dividends declared or paid outside British India, but not brought into British India, were ultra vires the legislative powers of the Federal Legislature and for repayment of the sums mentioned, the Judicial Committee observed, while dismissing the appeal, that In construing the sections it is pertinent, in their Lordship's opinion, to ascertain whether the Act contains machinery which enables an assessee effectively to raise in the courts the question whether a particular provision of the Income-tax bearing on the assessment made is or is not ultra vires. The presence of such machinery, though by no means conclusive, marches with a construction of the section which denies an alternative jurisdiction to inquire into the same subject matter. 15. The Judicial Committee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate alternative remedies provided by the Act that the scope and effect of s. 18-A must be judged. 17. In Kala Bhandar v. Municipal Committee [1966]59ITR73(SC) - a suit for refund of excess tax purported to be recovered under the Central Provinces and Berar Municipalities Act (2 of 1922) - this Court examined the principles laid down in the above cases and said : Further, one of the corollaries flowing from the principle that the Constitution is the fundamental law of the land is that the normal remedy of a suit will be available for obtaining redress against the violation of a constitutional provision. The court must, therefore, lean in favour of construing a law in such a way as not to take away this right and render illusory the protection afforded by the Constitution. 18. The Court found that there was no machinery provided by the Act for obtaining a refund of tax assessed and recovered in excess of the constitutional limit and that the machinery actually provided by the Act was not adequate for enabling an assessee to challenge effectively the constitutionality or legality of assessment or levy of a tax by a municipality or to recover from it what was realised unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d other allied questions have to be determined by the appropriate authorities themselves....... The whole activity of assessment beginning with the filing of the return and ending with an order of assessment, falls within the jurisdiction of the appropriate authority and no part of it can be said to continue a collateral activity not specifically and expressly included in the jurisdiction of the appropriate authority as such. 21. It was in the light of these provisions of the Act that s. 20 had to be examined and this Court held that the words used were so wide that even erroneous orders of assessment made would be entitled to claim its protection against the institution of a civil suit - see [1966] 1 S.C.R. . To quote the words of the judgment itself : In every case, the question about the exclusion of the jurisdiction of civil court either expressly or by necessary implication must be considered in the light of the words used in the statutory provision on which the plea is rested, the scheme of the relevant provisions, their object and their purpose. 22. The Court further said : Whenever it is urged before a civil court that its jurisdiction is excluded either e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... employer and the employee and wherever applicable the employer is obliged to pay the minimum wages or take the consequences of failure to pay it. Any employee who feels himself aggrieved by the refusal of the employer to pay the minimum wages fixed under the Act has the right to make a complain either by himself or through the prescribed agents to the Authority mentioned in the Act. Under sub-s. (3) of s. 20, the Authority has to hear the applicant and the employer or given them an opportunity of being heard and could straightaway give a direction as regards the alleged non-payment of the minimum rates of wages and such compensation as he thinks fit not exceeding ten times the amount of excess of the minimum wages over that which was paid. It is true that the sub-section provides for a further inquiry but such inquiry is to be at the discretion of the authority. The nature and scope of the inquiry would depend on the exact controversy raised in the case. If it be of a trivial nature, the tribunal can probably deal with it in a summary manner, but where it is alleged that the notification under the Act is not applicable to a certain class of workers it is the duty of the authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irection of the authority given under s. 20(3) of the Act; and (3) the authority acting under s. 20(3) might levy a penalty which might be as high as ten times the alleged deficit of payment which again is not subject to any further scrutiny by any higher authority. In view of our findings as above, as also the fact that the authority in this case dis-regarded the provision as to hearing and inquiry contained in the Act for all practical purposes, we hold that the civil court had jurisdiction to entertain the suits. 27. The question next arises as to whether the plaintiff's made out any case for relief. In our view, the plaintiffs were clearly entitled to relief. The notification dated March 11, 1952 was clearly applicable only to ordinary unskilled labour . The word 'ordinary' has in our opinion, some significance. It means usual, not exceptional . In other words, ordinary unskilled labour must mean unskilled labour prepared to work and working in the ordinary way. If under r. 24 of the rules framed under this Act the period of work is fixed at nine hours a day, a labourer who cannot work for more than half of it, does not fall within the category of ordinary unsk ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are not entitled to receive what ordinary unskilled labourers working nine hours a day get. The object of the Act is to ensure some sort of industrial peace and harmony by providing that labour cannot be exploited and must at least be provided with wages which are fixed at certain minimum rates. It would go against such a principle if the courts were to uphold that persons who cannot work for more than half a day should receive what others working a full day get. However, that is a matter which the appropriate government may consider. 28. We therefore hold that the orders of the defendant No. 1 dated June 2, 1954 were not binding on the plaintiffs-appellants. We declare that the subnormal workers of the tea estates (commonly known as Letter a challans) were not entitled to full minimum wages without performance of a normal day's task or without working the prescribed number of hours. We also direct a perpetual injunction to issue against the defendant No. 1 restraining him from enforcing the orders dated June 2, 1954. The appeals are therefore allowed and the decrees passed by the Subordinate Judge and the High Court of Assam are set aside. There will be no order as to cost ..... X X X X Extracts X X X X X X X X Extracts X X X X
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