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1 - 7 of 7 (0.17 seconds)Firm Dayalal Meghji And Co. And Ors. vs State Of Madhya Pradesh And Ors. on 2 May, 1962
(1) Whether the workmen of the bidi industry referred to above have a case for increase in wages ? If so, what should be the quantum thereof ?
South India Estate Labour Relations ... vs The State Of Madras And Ors. on 9 October, 1953
5. In our judgment, the contentions advanced on behalf of the petitioners must be given effect to. The reference that was made to the tribunal was under Section 10 (1)(d) of the Industrial Disputes Act, 1947, and under the terms of the reference the tribunal was required to adjudicate upon the question whether the workmen employed by the petitioners had a case for Increase in wages. The minimum wages in the bid industry for Raipur division had already been fixed in 1958 by a notification issued under the Minimum Wages Act, 1948, when the reference was made. The minimum wages fixed under the Minimum Wages Act, 1948, could only be revised or enhanced in accordance with the provisions of that Act. The Industrial Disputes Act and the Minimum Wages Act vitally differ both as regards their purpose and their scope. Under the Industrial Disputes Act when a dispute regarding wages is referred to the adjudication of a tribunal, the question that has to be decided is as regards the fair wage to be determined on the facts and circumstances of the particular case and not the minimum wage to be awarded. As observed by Venkatarama Ayyar, J., In South India Estate Labour Relations Organisation v. State of Madras and Ors. 19541 L.L. J. 8:
Narottamdas Harjiwandas vs P.B. Gowarikar, Inspector, Minimum ... on 31 August, 1960
2. The material facts are that by a notification issued on 30 December 1958 under the Minimum Wages Act, 1948, the Government fixed the minimum rates of wages in bid industry in Raipur division at the rate of Rs. 1.62 per 1,000 bidis rolled. Before the issue of this notification a bidi-worker used to get only Rs. 1,37 for 1,000 bidis rolled. The notification issued in 1958 was struck down by this Court as invalid and inoperative in Narottamdas v. P.B. Gowarikar 1961I L.L.J. 4421. Thereafter, the bid manufacturers again started making payment to their workers at the rate of Rs. 1.37. The State then enacted the Minimum Wages (Madhya Pradesh Amendment and Validation) Act, 1961, to validate the rate of minimum wages fixed or revised by the various notifications issued on 30 December 1958.
The M.P. Minimum Wages Fixation Act, 1962
The Industrial Disputes Act, 1947
Express Newspapers (Private) Ltd.,And ... vs The Union Of India And Others(And ... on 8 January, 1958
7. The principles which must be borne in mind while considering the demand for an increase in wages in an industrial dispute referred to the tribunal for adjudication have been pointed out by the Supreme Court in Express Newspapers, Ltd. v. Union of India 19611 L.L.J. 339 (vide supra) at p. 367. They are:
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