ACT:
Minimum Wages Act (11 of 1948), ss. 13 and 14 and
Minimum Wages (Central) Rules, 1950, rr. 24 and 25--Scope
of.
HEADNOTE ... provisions of the Minimum Wages Act and the Minimum Wages
(Central) Rules, 1950 and the controversy in this case must
be appreciated and resolved
Reserve Bank raised the
minimum total emoluments, as envisaged by the definition of
wages, of each and every member of the Class II staff, above ... Dimakuchi Tea Estate case.
HELD : (i) (a) The amendment to s. 2(s) of the Industrial
Disputes .Act in 1956 introduced among the categories
Arnold Rodricks & Anr vs State Of Maharashtra & Ors on 14 March, 1966
Equivalent
State of Ajmer and another (1). In that case, s. 27 of the
Minimum Wages Act, 1948 , which gave power to the appropriate
Government ... that minimum
wages shall be fixed by giving notification in a particular
manner was held to be constitutional. It was observed in
that case that
ACT:
Minimum Wages-Notification fixing wage structure-If ultra
vires-Validity of enactment-Capacity of employer to pay, if
relevant consideration- Minimum Wages Act ... bare
subsistence or minimum wage and a statutory minimum wage,
and it is observed that the statutory minimum wage is the
minimum which is prescribed
that, in any case, the respondents
are not entitled to the benefit of the Standing Orders which
fixed the minimum wage for the workmen ... case the respondents are not 'workmen' within the meaning of
the Standing Orders and so cannot get the benefit of the
minimum wage
referred to. In that case,
the provisions of s. 27 of the Minimum Wages Act (11 of
1948) were questioned as having given uncanalised power ... Minimum Wages Act gave a list of
the employments in respect of which minimum wages were to be
fixed. Under S. 27 of that Act
respondent issued the notification in question.
Its case was that the minimum rates of wages had
been fixed on industry-cum-regionwise basis and
that ... Act would become
impossible of enforcement. In the present
404
case all that s. 5 requires is the fixation of
minimum rates of wages
wages by reason of the
revision of the daily wages under the notification of
February 9, 1953 under the Minimum Wages Act . On behalf ... account of the
notification under the Minimum Wages Act . There is also
undisputed evidence in this case to show that even in normal
times short
Government of India Act, 1935 , directing that
the functions of the appropriate Government under the
Minimum Wages Act, 11 at 1948, would in respect ... Government
under the Minimum Wages Act and therefore all steps taken by
the Chief Commissioner under the provisions of the Act
including the issue
