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(6) The committee may after giving the applicant an opportunity of being heard, for reasons to be recorded in writing, refuse to grant or renew a licence to any person, if the committee is satisfied that the applicant is not likely to further the efficient working of the market under the control of the committee or is otherwise not qualified or disqualified under the Act, rules or bye-laws".

8. A conspectus of the above provisions will make it clear that a Weighman is a market functionary who operates in the market yard, on the basis of a licence obtained from the Market Committee. All Weigh-men will have to obtain licences by paying the prescribed licence fee like any other market functionary for each marketing year and get it renewed every year. Each Market Committee, in the discharge of its statutory obligation of regulating the marketing of notified agricultural produce, controls and supervises the activities of all market functionaries, including the Weighmen. It can give directions to all market functionaries, including the Weighmen. Each category of market functionaries has defined functions in the market yard and distinct role to play in the marketing of notified agricultural produce. The rates of remuneration of different categories of market functionaries (weighmen, measurers, surveyors, hamals, cartmen etc.,) are fixed by the Market Committees under the bye-laws. But the Market Committees do not have any control over the quantum of total remuneration earned by any market functionaries, nor assure the market functionary any specified or minimum periodical income. The remuneration/income of a market functionary depends on the quantum or trade or quantum of work done by him.

(g) If there is any dispute in regard to Weighment made by the Weighman, the Market Committee settles such disputes under Section 84 of the Act.

10. Having regard to the functions of the Weighman as a market functionary, as envisaged and enumerated in the Act and the rules, it cannot be said that the relationship between the Market Committee and a Weighman is that of an employer and employee. He is only a Licence Holder permitted to carry on a trade/vocation in the market area. In the discharge of some of his functions, he may at best be an agent of the Market Committee. The market functionary has an obligation to pay licence fee to the Market Committee. But there is no obligation on the Market Committee to pay any fee, charge, consideration, remuneration, much less a salary to any market functionary under the Act. When the relationship is not that of employer and employee, the question of the Weighmen requiring the Market Committees to pay a minimum wage to them does not arise.

11. The petitioners contend that the work of Weighmen is constantly supervised by the Market Committees; that the Market Committees allot the work to them; that apart from the work assigned to them by the respective Market Committees, they cannot operate independently in the market yards; that they are accountable to the Market Committee in regard to their work; that their hours of work and manner of work are regulated by the Market Committees; and that therefore there is a relationship of employer and employee between the Market Committee and the Weighmen and such relationship ought to have been recognised, if not for the purpose of other enactments, but, at least for the purpose of applying the minimum wages to such Weighmen. It should however be remembered that the supervision, control and regulation, which is referred to by the petitioners is applicable not only to Weighmen, but all categories of market functionaries. The Market Committees are statutory authorities established for supervising, controlling and regulating the marketing and merely because the Market Committee exercise supervisory control over the Weighmen, it cannot be said that the same would result in a relationship of employer and employee. Having regard to the provisions of the Act and the rules, Weighmen are licensed market functionaries discharging the functions specified in the Act, rules and the respective bye-laws of the Market Committee, and it is not possible to hold that the Weighmen have any position or status other than 'licensed market functionaries'.