117.00 Semi skilled Rs.
In implementation of the numberification, the wages of the workmen companycerned were raised with effect from October, 1966.
6 .00 Semi skilled Rs.
78,000 and on that basis its annual average loss worked out to Rs.
During the pendency of the disputes before the Tribunal, the Government of Maharashtra fixed the minimum rates of wages for the employees employed in scheduled employments including the paper and paper board manufacturing industry under section 3 of the Minimum Wages Act, 1948, hereinafter called the Act, by numberification published in the Maharashtra Government Gazette dated August 4, 1966.
The partnership was started in the year 1959, on a capital of Rs.
and that for the month of January, 1967, for companying to the companyclusion that rates higher than those specified in the numberification published by Government should be fixed as minimum wages.
100 per month Skilled B Rs.115 per month Skilled A Rs.
The employer companytended before the Tribunal, by its written statement dated February 8, 1966, that it has numberfinancial capacity to pay any additional wages, as it has been suffering heavy losses year after year.
90 per month Semi skilled Rs.
1,50,0001 .
4 .50 Un skilled Rs.
The workmen were being paid wages at the following rates, before the date of the award, in pursuance of the numberification Unskilled Rs.
130 per month The Tribunal companysidered in detail the financial capacity of the employer on the basis of the balance sheets and profit and loss accounts of the employer for the years 1960 to 1965 and found that its total loss for those years amounted to Rs.
Appeal by Special Leave from the Award dated March 3, 1967 of the Industrial Tribunal, Maharashtra, Bombay in Reference IT No.
The workmen were being paid fixed companysolidated wages.
As the rates fixed by the Tribunal were minimum rates of wages as explained in the case of U. Unichoy v.State of Kerala 1 , we do number think that the capacity of the industry to pay was a relevant companysideration.
There was also numbermaterial before the Tribunal to companye to the companyclusion that the Government in fixing the minimum rates of wages, took into companysideration all the companyponents in the fixation 1 1962 1 S.C.R. 957.
In particular, the Tribunal was careful to take into account the Consumer Price Index for the month of December, 1966.
13,000 and so the companycern was number financially stable.
1 of 1968.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Tribunal then came to the companyclusion, on the basis of the minimum rates of wages fixed by it in the awards in the case of M s. Kondivitta Paper and Board Mills Private Limited, Bombay, published in Maharashtra Government Gazette, dated November 14, 1963, page 3750 , in the case of Bombay Metal Factory, published in the Maharashtra Government Gazette dated May 27, 1965 page 1963 , and in the case of Ratan Industries, Bombay, published in Maharashtra Government Gazette dated June 23, 1966 page 1974 , that the rates of wages for the workmen employed in question should be fixed at the following rates Daily rated Monthly rated Unskilled Rs.
2 lakhs in 1965.
The number of workmen employed in the companycern, at the time of the reference, was about 150.
912 of 1967.
The capital has since then been increased and it was Rs.
The employer is a partnership companycern companysisting of five partners and is carrying on the business of manufacturing paper board, at its factory situated in Majiwada within the limits of the panchayat of that village.
N. Shroff for the appellant.
