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PETITIONER: A. M. ALLISON
Vs.
RESPONDENT: B. L. SEN(and connected appeal)
DATE OF JUDGMENT: 21/12/1956
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA SINHA, BHUVNESHWAR P. DAS, S.K.
CITATION: 1957 AIR 227 1957 SCR 359
ACT: Minimum basic wages-Basic work-load--Extra wages for work done in excess of basic work-load-Writ of certiorari-When to be granted-Minimum Wages Act, 1948 (XI Of 1948), ss. 3. 5(2) and 20-Constitution of India, Art. 226.
HEADNOTE: The labourers were being paid the basic wages of as. 8/- for male labourers and as. 6/- for female labourers for the work-load or task of plucking 16 seers and 12 seers of green tea leaves respectively each day. If the labourers plucked larger quantities of leaves they were paid extra wages at the rate of 6 Ps. per seer in excess of 16 seers and 12 seers respectively. The Government issued a notification under S. 3 read with S. 5 (2) of the Minimum Wages Act, 1948, increasing the rates of basic wages to as. I2/and as. 11/- respectively. The management thereafter refused to make any extra payment to the labourers at the rate of 6 Ps. per seer unless the leaves plucked by them exceeded 24 seers and 22 seers respectively. Held, that the sole intention of the Government in issuing the notification was to increase the basic wages while maintaining the same basic work-load ...