RAM KUMAR MISRA v. STATE OF BIHAR AND OTHERS

Citation: [1983] 3 S.C.R. 1011

Court: Supreme Court of India

Bench: P.N. BHAGWATI, AMARENDRA NATH SEN, RANGANATH MISRA

Case summary

l li rival contentions raised 'a short question of construction of the relevant provisions of the Minimum Wages Act, l948 and the notifications issued under that Act.

Judgment text

RAM KUMAR M! SRA \ v. STATE OF BIHAR AND OTHERS September 21, 1983 ' ~ (P. N. BHAGWATI, AMARENDRA NATH SEN AND RANGANATH MISRA, JJ. ] ' Minimum Wages Act, 1948-Schedule-Entry 27-Scope of-Applicable to employment in ferries plying across Ganges in Bihar. Bihar Shops & Establishments Act, . 1953-Sec. 2(6)-Definition' of 'Establishment'. -Scopeof-Business oftrade of plying ferries across Ganges- . An establishment. The petitioner complailled that the workmen employed in the two ferries, one at Bhagalpur and the other at Sultaoganj, operated by respondent No. 5 were not being Paid mipimum wages as prescribed by the relevant noti· ,\ fl. cations issued ·by the State of Bihar under the Minimum Wages Act, 1948. Respondent No. 5 contended that the Minimum Wages Act was not·applicable to these two ferries. · Allowing the writ petition, HELD : ·The Schedule to the Minimum Wages Act lists various employments in respect of which minimum rates of wages can be fixed by the appro· priate Government.

Entry 27 of the Schedule which dealt with employment in shops and establishments registered under the Bihar Shops and Establishments Act, 1953, was an1ended on 25. 11. 1978 to enlarge its scope to cover ~mployment in any shop or establishment O! her . than that covered unckr any of the other entries in the Schedule. It is clear from the Eiplanation to the ameo'ded Entry 27 that the word. "establishment" ·in that entry has the same meaning which is assigned to it in the Bihar Shops and Establishments Act, 1953 and the court n1ust, therefore, look at the definition of "establishment.. as given in the Bihar Shops and Estal;llishments Act, 1953 in order to determine ,. as to whether thC? Bhagalpur. and Sultanganj ferries could be Said to be establishments within the meaning of the amended Entry 27. The word "establishment" is defined in see.

2(6) ofBihar Shops and Establishments Act, 1953 tomean an establishment which carries on any business, trade or profession or any work in connection with, or incidental OJ anciliary ·to, any business, trade or profession. _Now it can hardly be disputed that the Bhagalpur and Sultan£:anj ferries are establishments which carry on business or trade of plying ferries across the Ganges and they are C1early within the meaning of the word "establishment" in sec. 2(6) of t_he Bibar Shops and Establishments Act, 1953 and consequently they would also ·be establishments within the meaning .. (1983] 3 s. c. R. of that expression as used in the amended Entry 27. The Minimum Wages Act, 1948 would, therefore, clearly be applicable to employment in· the Bhagalpur, and Sultanganj ferries. (1014 D, G-H; 1015 AB G H; tol6A] The workmen employed in the Bhagalpur and Sultanganj ferries were entitled to receive minimum wage as set out in· the Notification dated 25th June !

975 as amended by the Notification dated 20th January 1979 for the periOd from 20th January 1979 upto 25th November 1981 and thereafter at the rate fixed in the Notification dated 26th November 1981. (1016 F-GJ ORIGINAL JURISDTCTION : Writ Petition (Criminal) No. 53 of 1983. (Under Article 32 of the Constitution of India) \. J. Verghese for the _Petitioner. kmen employed in these· two ferries were entitled to receive· minimum wages as laid down in the Notification dated 25th June, 1975 read with the Notification dated 20th January, 1979 with effect . C from the date of·latter notification. I It appears that a further Notification . was issued. by the State Government on 26th November, 1981 in exercise ofthe powers conferred under sec. 3(1) read with sec. 5(2) Qf the Minimum Wages ·Act, 1948 revising the minimum rates of wages for different categories of employees employed in any shop or establishment other than that covered under any of the other entries in the Schedule.

This Notification came into force with effect from 26th November, 1981. The workmen emloyed in Bhagalpur and Sultanganj ferries were, therefore, entitiled to the revised mi_nimum wage as set out in the Notification dated 26th November, 1981 with effect from that date. We accordingly reach the conclusion that the workmen employed in the Bhagalpur and Sultanganj ferries were entitled to receiv<:: minimum. wage as set out in the Notification dated 25th June 1975 as amended by the Notification dated,20th January 1979 for the period from 20th January 1979 upto. 25th November 1981 and thereafter at the rate fixed inthe Notification dated 26th Nove~ber 1981. The question, however, remains whether the workmen. were paid wages at these minimum retes. Since. there is a dispute between the parties in regard to this question, the argument of the petitioner . ; 6eing that the wo_rkmen were not paid wages at these minimum Tates, while th. e contention of respondent No.

5 being that they where ·So paid, it becomes necessary to give directions for the purpose of determining whether the workmen employed in these two ferries were p11id wages, at these minimum rates with" effect from 20th January, 1979. )Ve would therefore direct the Labour Department of the Gov. ernll). ent of Bihar to intimate to the petitioner as to which RAM KUMAR v. BIHAR (Bhagwati, J. ) 1()17 is the appropriate authority under the Minimum wages Act, 1948 for adjudicating upon the claims of the workmen employed in these two ferries for arrears of minimum wage. The appropriate authority will, by adopting suitable means including the giving of publicity, invite the workmen to file their claims for arrears of minimum wage and not only the workmen will be entitled to file their claims but the petitioner who has moved this court will also be at liberty to file claims on behalf of the workm. en for arrears of minimum wage.

The appropirate authority will inquire into all such claims which may be filed before it by or on behalf of the worhmen and determine, after giving full opportunity to respondent No. 5 of being heard in the matter; whether any and if so . what arrears of minimum wage in the ·light of this judgment reamain to be paid. by respondent No. 5 to the workmen employed in these two ferriei. The workmen will be entitled to appear before the approrpriate authority either personally or through their agent or advocate and the petitioner will also . be at liberty tl1 appear before the appropriate authority on behalf of the workmen.. If any amount is determined by the appropriate authority to be p1yable by respondent No. 5 to any of the workmen in respect of the · arrears of minimum wage, respondent No. 5 is directed to make payment of the same within one month from the date of the order of the appropriate authority.

· The appropriate authority will carry put the directions given by us and complete the assignment entrusted to it within six months from today. We would also direct re,pondent No. 5 to pay to the workmen employed· in these two ferries minimum wage at the rate fixed under the Notification dated 26th November 1981 or at such other revised rate or rates as may be fixed from time to time. So far as the costs 9fthe writ petition are. concerned since the petitioner has come to this Court for the purpose of vindicating the rights of poor workmen, he we would dieect the State of Bihar to pay to t! te petitioner a sum of Rs. 2,000 by way of costs. H. S. K. Petition allowed.