Case Note & Summary
The dispute arose from a complaint regarding the non-payment of minimum wages to workmen employed in two ferries operated by the respondent in Bihar. The petitioner, Ram Kumar Misra, representing the Free Legal Aid Committee, filed a writ petition alleging that the workmen were not receiving the minimum wages as prescribed under the Minimum Wages Act, 1948. The respondent contended that the Act did not apply to the ferries. The Supreme Court examined the applicability of the Minimum Wages Act, particularly focusing on Entry 27 of the Schedule, which was amended to include any shop or establishment not covered by other entries. The court determined that the ferries qualified as establishments under the Bihar Shops and Establishments Act, 1953, thus making the Minimum Wages Act applicable. The court directed the Labour Department to ascertain the appropriate authority for adjudicating claims for arrears of minimum wages and mandated that the workmen be paid the minimum wages as per the relevant notifications. The court also ordered the State of Bihar to pay costs to the petitioner for advocating the rights of the workmen. The decision emphasized the need for compliance with minimum wage regulations in the context of employment in ferries (Paras 1011-1017).
Headnote
A) Labour Law - Minimum Wages Act Applicability - Employment in Ferries - Minimum Wages Act, 1948, Schedule Entry 27 - The court held that the ferries at Bhagalpur and Sultanganj are establishments under the Minimum Wages Act, 1948, as they carry on business of plying ferries, thus entitled to minimum wages as per notifications issued. The definition of 'establishment' in the Bihar Shops and Establishments Act, 1953 was applied to determine the applicability of the Minimum Wages Act (Paras 1011-1016).
Issue of Consideration
Whether the Minimum Wages Act, 1948 applies to the employment in ferries at Bhagalpur and Sultanganj.
Final Decision
The court held that the Minimum Wages Act, 1948 applied to the employment in the Bhagalpur and Sultanganj ferries, directing the Labour Department to determine claims for arrears of minimum wages and ensuring payment to the workmen. The State of Bihar was ordered to pay costs to the petitioner.
Law Points
- Minimum Wages Act applicability
- Definition of establishment
- Employment in ferries
- Inquiry into wage claims
