Rest Rs.
As regards the second objection, he came to the companyclusion on the evidence recorded before him that there was a work load or task of 16 seers for male labourers and 12 seers for female labourers in respect of the daily basic wages of as.
II per day as the basic wages for the female labourers, refused to make any extra payment to them on the basis of 6 ps.
11/ per day to the female labourers for 12 seers of green leaves and extra wages at the rate of 6 ps.
II per day for female labourers and that the labourers were, therefore, entitled to extra payment for green leaves plucked by them in excess of 16 seers and 12 seers respectively at the rate of 6 ps.
By numberification No.
4/ per day in the case of male labourers and as.
per seer of leaves plucked by them in excess of those quantities.
per seer of green leaves plucked by the labourers.
Purshottam Tricumdas and Naunit Lal, for respondent No.
8/ per day for plucking 16 seers of green leaves and for female labourers at as.
1 that the applications were number maintainable under s. 20 of the Act, and 2 that there was numberfixed workload or task in respect of plucking for earning daily basic wages before the introduction of the minimum wages.
The Deputy Commissioner, Sibsagar, who was the authority appointed under the Act to hear the claims arising out of the payment of less than the minimum rates of wages to these labourers, entertained the applications, recorded evidence and heard arguments addressed to him by both the parties.
147 and 148 of 1952, K. Dophtary, Solicitor General of India, P. K. Goswami, N. Mukherji and B. N. Ghosh, for the appellants in both appeals.
Appeal from the Judgment and Order dated July 7 1953, of the Assam High Court in Civil Rules Nos.
of Assam As.12/ As.6/ 1 /21 As.
per seer of green leaves plucked by them.
16 years above 16 years above Basic D.A. Total.
per seer unless the green leaves plucked by them exceeded 24 seers and 22 seers respectively, thus maintaining their old standard of payment on the basis of 6 ps.
The managers of the estates companytested these applications mainly on two grounds viz.,
12/ per day were fixed as the basic wages for the male labourers and as.
226 of the Constitution before the High Court of Judicature in Assam raising the same companytentions which had been negatived by the Deputy Commissioner, Sibsagar.
There was a difference thus in payment, of as.
SCHEDULE.
They, however, in view of the fact that as.
Adult female.
12/per day and as.
12/ per day for male labourers and as.
per seer in excess of 16 seers and 12 seers respectively.
The number of hours which shall companystitute numbermal working day shall be a in the case of an adult, 9 hours subject to a maximum of 48 hours in a week By another numberification No.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
280/56.
8/ and as.
The labourers companytended that the existing work load or task at the date of the said numberification 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.
2 of the said numberification, the last sentence ran as The existing tasks and hours of work shall companytinue until further orders.
Number of hours of work which shall companystitute a numbermal working day.
133 1 c of the Constitution are directed against a judgment of the High Court of Judicature in Assam dismissing the appellants application under Art.
2 in A. No.
Even after the fixation of the minimum wages by the said numberification, the managers of these tea estates companytinued to pay to the labourers wages at the rate of 6 ps.
6/ respectively were paid to these labourers apart from the dearness allowance in addition to such basic wages.
The Judgment of the Court was delivered by BHAGWATI J. ,These two appeals with certificates under Art.
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.
Naunit Lal, for respondent No.
December 21.
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 numberification came into force.
It may be numbered that the payment of basic wages on the above companyputation also worked out at the rate of 6 ps.
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.
per seer.
I I per day respectively for the work load or task of 16 seers for male labourers and 12 seers for female labourers and extra wages at the rate of 6 ps.
ORDINARY UNSKILLED LABOUR Adult male.
The existing tasks and hours of work may companytinue until further orders.
Prior to the fixation of the minimum wages companysisting of basic wages and dearness allowance as aforesaid, the labourers engaged in plucking tea leave, in these tea estates used to be paid basic wages for male labourers at as.
8/ and as.
If the labourers plucked larger quantities of green leaves they used to be paid by way of ticca extra wages at the rate of 6 ps.
The managers of the estates thereupon filed applications under Art.
352/51/56.
6/ respectively earned by them before the fixation of the minimum wages by the said numberification, that such work load or task was the basis of the fixation of the minimum wages companysisting, inter alia, of the basic wages of as.
On March 11, 1952, the Government of Assam, in exercise of the powers companyferred by s. 3 read with sub s. 2 of s. 5 of the Act issued the following numberification No.
44/51, dated the 16th April, 1952, the said Government introduced the Minimum Wages Rules which, inter alia, provided Rule 24.
352/51 dated May 12, 1952, the said Government explained that the word may mentioned in the numberification dated March 11, 1952, will have the force of shall .
This was the work load or task in respect of which the basic wages of as.
These rates are exclusive of companycessions enjoyed by the workers in respect of supplies of foodstuffs and other essential companymodities and other amenities which will companytinue unaffected.
per seer for leaves plucked by them in excess of the 16 seers and 12 seers respectively.
12/ per day to the male labourers for 16 seers of green leaves and as.
279 and 280 of 1955.
As regards the first objection, he held that, if the applicants version was true there was a clear case of payment of less than the minimum wages fixed by the Government and the applications were maintainable under s. 20 of the Act.
I in both Appeals.
per seer for green leaves plucked in excess of those quantities.
11/ As.
226 challenging the orders of the first respondent Shri B. L. Sen, Deputy Commissioner, Sibsagar, whereby he allowed the applications filed on behalf of the labourers employed in the Teok Tea Estate and the Dalim Tea Estate under section 20 of the Minimum Wages Act, 1948 Act XI of 1948 , hereinafter referred to as the Act.
6/ per day for plucking 12 seers of green leaves.
5 Valley.
BasicD.A.Total.
