1/2/ per day for adult male and Rs.
Whether the applicants who belong to the category of skilled or semi skilled labour can apply under section 20 of the Minimum Wages Act ?
1047.48.
That the applicants have been required to work overtime for 8 hours every week during the period from 1 8 63 to 31 1 64 and the total claim are shown in the annexure.
/14/ in Wardha, Buildara, Akola, Nimar, Hoshangabad and Nagpur districts including Nagpur town .
Minimum rates of wages Re.
On November 10, 1964 some preliminary objections raised by the Corporation were disallowed by the Authority and the applications were directed to be tried on the merits.
On behalf of the respondents, however, it was companytended that the High Court was wrong in the companystruction placed by it, on the numberification of 1956.
1 Per day for adult male at Nagpur town and in Bhandara and Balaghat Districts.
The total amount claimed is Rs.
All the four applications were accordingly dismissed with companyts.
853 and 941 of 1965 respectively.
12/ per day for adult female labour at all other centres.
to submit as under That the applicants are employees working in number applicant No.
W. Dhabe and A. G. Ratnaparkhi, for the appellants in both the appeals .
Feeling aggrieved by the order of the Authority four special civil applications were presented in the Bombay High Court, Nagpur Bench, under Art.
/9/ for adult female labour in all other centres.
566 451 XXIII.
That the applicants estimate the value of the relief sought by them of the sum of Rs.
This numberification so far as relevant reads Nagpur, the 21st February, 1951.
The High Court disagreed with the view of the Authority on the interpretation of the second numberification and held that the second numberification was intended to, apply to all employees and was number companyfined only to unskilled workmen as was the case with the numberification of 1951.
That the applicants have number been paid overtime wages for this period though they are entitled to to get double the wages as they are required to work beyond prescribed hours and holidays.
On February 17, 1965 the Authority made an order on the following four issues which arose out of the claims made by the employees Whether the applicants employed as a time keeper, wireman and lineman belong to the category of unskilled workers ?
the said section and further to direct that they shall companye, into force at once Schedule of the Minimum rates of Wages Serial No.
On behalf of the appellants the only point.canvassed in these two appeals arises out of the rejection of their claim with regard to overtime work done by them and work done by them on weekly rest days.
4 and 4 a were decided against the chowkidars and the motor driver companycerned.
1, Nagpur Corporation in Department of Water Works.
which do number companycern us were also fixed.
On February 23, 1956 the Government issued the following numberification fixing, revised minimum rates of wages in supersession of those fixed under the numberification of 1951 No.
In this numberification minimum wages in respect of some other categories of employees.
1987.48.
848 1758 XXIII of 1950 In exercise of the powers companyferred by sub section 2 of s. 5 of the Minimum Wages Act 1948 XI of 1948 the State Government are pleased to fix the following minimum rates of wages for unskilled labour including casual labour in respect of the scheduled employments as mentioned in the schedule below, the same having been previously published as inquired by clause b of sub section 1 of A.I.R. 1963 Bom.
140.00.
and name of Schedule employment Minimum rates of wages for unskilled labour including casual labour Employment under any local authority Re.
In exercise of the powers companyferred by clause b of subsection 1 of section 3 read with sub section 2 of section 10 of the Minimum Wages Act, 1948 ?
If so, to what wages for overtime work are they entitled?
1047.48.
I of 1948 and after companysulting the Advisory Committee and the Advisory Board as required by sub section 1 of section 5 thereof, the State Government are pleased to revise the minimum rates of wages in respect of the scheduled employment as mentioned in schedule below in supersession of those fixed under this department numberification number 484 1758 XXIII of 1950 dated the 21st February, 1951 and to further direct that the minimum rates of wages so revised shall companye into force at once SCHEDULE Name if scheduled employment Employment under any local authority .
CIVIL APPELLATE JURISDICTION C.A. No.
It, however, upheld the view of the Authority that ordinary rate of wages companytemplated by r. 25 means ordinary minimum rate of wages, companysidering this view to be in accordance with the view taken by the Bombay High Court in the Union of India v. B. Rathi 1 .
Appeals by special leave from the judgment and order dated ,August 19, 1966 of the Bombay High Court, Nagpur Bench in Special Civil Applications No.
Various rates were fixed for certain categories of employees against this item.
227 of the Constitution.
the employment of the City of Nagpur Corporation.
/14/ per day for adult male and Re.
If so, whether they are entitled to wages for work done on the weekly days of rest Whether the Chowkidars and Motor drivers have worked in excess of the number of hours companystituting a numbermal working day ?
Under issue number 1 the wireman was held to be a skilled worker and the time keeper and lineman, semi skilled, disagreeing with their companytentions that they were unskilled workers.
Under issue number 2 the Authority held that the second numberification of 1956 only provided for the minimum rates of wages of unskilled labour including casual labour in.
Issue No.
1704 and 1937 of 1967.
Minimum Wages were fixed by the Government by means of a numberification under s. 5 of the Act on February 21, 1951.
227 of the Constitution arising out of orders made by the Authority under the Minimum Wages Act 11 of 1948 hereinafter called the Act in respect of claims made by employees of the City of Nagpur Corporation hereinafter called the Corporation working in various Departments of the Corporation.
On July 13, 1964 Sitaram Madhorao, Chaukidar and 9 other employees of the Octroi Department of the Corporation filed an application under s. 20 of the Act in the Court of Small Causes at Nagpur, which was the Authority.
Whether the applicants have worked on weekly days of rest Sundays ?
2 in both the appeals .
This application reads The applicants above named bee.,
The minimum wages numberification has been issued in respect of this industry by Government on 21 2 1951 and the minimum rates of wages are fixed 1 12 per day for eight hours.
S. Barlingay and P. C. Bhartari, for respondent No.
That companypensation amounts to Rs.
1704 and 1937 of 1967 are directed against the, judgment of a Division Bench of the Bombay High Court dated August 19, 1966 ,dismissing four applications under Art.
That the applicants have been required to work overtime for 30, 65, 8 and 51 hours every week during the period from 1 1 1964 to 30 6 1964 and total claim are shown in the annexure.
That the applicants have number been paid overtime wages, for this period though they are entitled to get double the wages as they are required to work beyond prescribed hours and holidays.
/12/ in Amravati, Yeotamal, Betul and chanda Districts.
The Judgment of the Court was delivered by Dua, J. These two appeals by special leave C. As Nos.
/12/ for adult female labour at Nagpur, Jabalpur and Akola.
/13/ in Jabalpur, Katni, and Sagar towns and places within 10 miles radius of these towns.
