Madras High Court
K.Parasuraman vs / on 30 November, 2018
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.11.2018
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.20462 of 2017
and
W.M.P.(MD)No.16734 and 17279 of 2017
K.Parasuraman,
S/o.S.Krishna Samy,
General Secretary,
Dindigul Panchalai Marumalrchi Tholilalar Munnanee (No.112/Anna),
95-4A/1, Krishnasamy Compound,
Trichy Road, Poongkodai,
Dindigul. ... Petitioner
/Vs./
The State of Tamil Nadu,
Through its Secretary,
Department of Labour and Employment,
The Secretariat, Fort St. George,
Chennai. ... Respondent
Prayer: Writ Petition - filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, to call for the
records of the impugned communication / letter No.22267/J2/2016-6
dated 02.08.2017 on the file of the respondent and quash the same
as illegal, incompetent and arbitrary and consequently direct the
respondent to take appropriate action for fixing and revising the
Minimum Wages for the employees other than apprentices in the
textile mills in the State of Tamil Nadu in accordance with Section
5(1)(b) of the Minimum Wages Act, 1948, within a stipulated time
and for a further direction to fix Minimum Wages for such employees
in an Adhoc manner in the light of Minimum Wages fixed for the
apprentices till the process under Section 5(1)(b) of the Act is
http://www.judis.nic.incompleted.
2
For Petitioner : Mr.H.Lakshmi Shankar
For Respondent : Mr.Aayiram K.Selvakumar
Additional Government Pleader
ORDER
The petitioner is an Office Bearer of a Trade Union espousing the cause of workers employed in Textile Mills. The petitioner has highlighted the issue of non implementation of the Minimum Wages Act, 1948, [hereinafter referred to as “the said Act”] in the case of workers (other than apprentices) employed in Textile Mills.
2. In the case of apprentices, the Government issued a notification under Section 5(1)(b) of the said Act on 28.05.2008. Objections were received from the Mill Managements. Thereafter, the Government decided to confirm the preliminary notification and accordingly, issued G.O.(2D),No.61, Labour and Employment (JI) Department, dated 07.11.2008 fixing the minimum rates of wages for apprentices in textile mills. In fact, the process of fixing the minimum wages for apprentices was triggered by a direction of the Division Bench of Madras High Court, vide its interim order dated 03.10.2018 in W.P.(MD)No.27362 of 2017. As a result, the apprentices are now getting the minimum wage of Rs.330.60. http://www.judis.nic.in 3
3. Strangely, no such minimum rates of wages have been fixed in the case of regular workers. Since minimum wages have been fixed for apprentices, many of the Mill Managements have chosen to adopt a subterfuge by showing every apprentice as a regular worker.
4. The writ petitioner has filed a typed set of papers, from which, it can be seen that in a few mills, there are only regular workers and no apprentices. What is shocking is that the regular workers are being paid wages that are below the minimum rates of wages fixed for apprentices. The writ petitioner invoking the provisions of the Right to Information Act, has elicited information in this regard.
5. For instance, the workers working in the mixing and spinning sections of Sri Saravana Spinning Mills Private Limited, Pithalaipatti, are paid a maximum wage of Rs.300/- and Rs.325/- respectively. Some of them are getting a sum of Rs.200/- per day. In the case of Nitin Textiles Private Limited, Pithalaipatti, the workers working in spinning section are being paid in the range of Rs.185/- to Rs.274/-.
http://www.judis.nic.in 4
6. The petitioner has been representing to the Government in this regard. In the typed set of papers, the representations dated 05.04.2013, 13.07.2017 and 14.08.2017 have been enclosed. The Government, no doubt, had taken action by constituting a committee under Section 5(1)(a) of the said Act to fix the minimum rates of wages for regular workers. But, the process can get entangled in litigation.
7. One shocking fact emerges here. The Committee constituted by the Government under Section 5(1)(a) of the said Act could not proceed further on account of the interim order granted in W.P.(MD)No.13025 of 2013. The said writ petition was filed by a Trade Union and not by the Management. This Court has no doubt in its mind that the said Trade Union has been set up by the Management to wage a proxy battle on behalf of the Management. Fortunately, at last, the writ petition itself suffered a dismissal on 14.08.2018 as infructuous. But then, the purpose for which it was filed was adequately served. The process initiated by the Government for fixing minimum rates of wages for the regular workers was halted for a full period of five years.
8. The writ petitioner herein, therefore, wants this Court to issue a direction to the Government to take recourse to Section 5(1) http://www.judis.nic.in 5
(b) of the said Act, as done in the case of apprentices. The hope of the writ petitioner is that by adopting this mode, valuable time can be saved and the entire process can be quickened and expedited.
9. I am of the view that when the statute prescribes a choice of action before the Government, it would not be proper for this Court to mandate that only a particular course of action should be adopted. Section 5(1) of the said Act states that the appropriate Government shall constitute as many committees and sub committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case may be or by notification in the Official Gazette, publish its proposals for the information of persons likely to be affected thereby and specify a date, not less than two months from the date of notification, on which, the proposals will be taken into consideration.
10. Thus, the Government can choose to act either under Section 5(1)(a) or 5(1)(b) of the said Act. This is a matter of choice for the Government to decide. Therefore, this Court will be overstepping its jurisdiction if it directs the Government to go only by the route prescribed in Section 5(1)(b) of the said Act. http://www.judis.nic.in 6
11. The learned Additional Government Pleader informs this Court that the Principal Secretary to the Government, Labour and Employment Department has also directed the Labour Commissioner to expedite the process in this case. He brought to my notice the communication dated 08.11.2018 issued by the Government to the Labour Commissioner in this regard.
12. I am not all that sanguine. One can never foreclose a possible challenge to the course of action now adopted by the Government. I am therefore inclined to direct the Government to ensure that the regular workers in the textile mills are paid not below the minimum rates of wages prescribed for the apprentices. I am not saying that the minimum wage of workers should be fixed on par with that of the apprentices. The apprentices, as the very name indicates, are learners. In other words, they are learning the trade. Regular workers are said to have mastered the trade. Therefore, the person, who has mastered the trade cannot be paid the wage as below that of the learner.
13. Since it is obvious that the Mill Management are engaged in exploitation, it is the duty of the Government to ensure that the regular workers are not paid below what is fixed for the apprentices. Therefore, this Court issues a continuing Mandamus in this regard. http://www.judis.nic.in 7 Of course, the moment the Government issues notification prescribing the minimum rates of wages for the regular workers, thereafter, the Government's duty is to ensure that the minimum rates of wages as notified are paid to the workers. This writ petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed.
30.11.2018
Internet : Yes/No
Index : Yes/No
sm
To
The Secretary,
Department of Labour and Employment,
The Secretariat, Fort St. George,
Chennai.
http://www.judis.nic.in
8
G.R.SWAMINATHAN, J.
Sm
Order made in
W.P.(MD)No.20462 of 2017
30.11.2018
http://www.judis.nic.in