BENGAL MOTION PICTURES EMPLOYEES UNION CALCUTTA Vs. KOHINOOR PICTURES PRIVATE LTD
LAWS(CAL)-1963-8-12
HIGH COURT OF CALCUTTA
Decided on August 14,1963

BENGAL MOTION PICTURES EMPLOYEES UNION, CALCUTTA Appellant
VERSUS
KOHINOOR PICTURES PRIVATE LTD. Respondents





Cited Judgements :-

GUJARAT STATE BAKERS FEDERATION VS. STATE OF GUJARAT [LAWS(GJH)-1994-7-36] [FOLLOWED]
HARI RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-1967-1-10] [REFERRED TO]
STATE OF ANDHRA PRADESH VS. NARAYANA VELUR BEEDL MANUFACTURING FACTORY [LAWS(SC)-1973-3-10] [APPROVED]
FEDERATION OF OKHLA INDUSTRIAL ASSOCIATION (REGD ) VS. LT GOVERNOR OF DELHI AND ANR [LAWS(DLH)-2018-8-85] [REFERRED TO]


JUDGEMENT

H.K.Bose, CJ. - (1.)This is an appeal from an order of Sinha J. made on a writ petition quashing a notification dated the 16th May, 1960 issued under the Minimum Wages Act, 1948 and directing the respondents to forbear from giving effect to the same.
(2.)On 19th May, 1959 the Government of the State of West Bengal in exercise of its powers under Section 27 of the Minimum Wages Act, 1948 issued a notification, adding the cinema industry in West Bengal in Part 1 of the Schedule 1 to the said Act as one of the scheduled employments. This notification was published in tha Calcutta Gazette on 4th June 1959. On 16th May 1960 the said State Government issued a notification fixing the minimum wages of several categories of employees employed in the cinema industry in West Bengal in exercise-of its powers under Section 3 of the Minimum Wages Act This notification was published in the Calcutta Gazette-dated the 19th May 1960. On 31st May, 1960 one Surendra Ranjan Sarkar and two others made an application to this Court under Article 226 of the Constitution for a writ in the nature of mandamus calling upon the State of West Bengal to recall, annul and cancel the said notification dated the, 16th May, 1960. On the same date this Court issued a Rule Nisi and this application was numbered as Matter No. 134 of 1960. The basis of me said application in Matter No. 134 of 1960 was that certain meetings of the Advisory Committee mentioned? in Section 5 of the Minimum Wages Act were not properly held and the advice purported to be given by the said Committee at meetings alleged to have been held after the 4th May 1950 was illegal and void. As the decision of the question raised was found to involve serious disputes on questions of facts, Sinha, J. made an order on 9th June, 1961 by which permission was given to the said petitioners to withdraw the application with liberty to take such proceedings or suits as they might be advised. On the 11th June 1961, a letter was written by the Deputy Labour Commissioner to one Nishat Cinema at Howrah insisting upon the implementation of the provisions of the said notification dated the 16th May 1960, with effect from the date of the said notification. On 13th July 1961 the solicitors for the said Nishat Cinema-wrote a letter to tha Secretary, Labour Department, Gov ernment of West Bengal, challenging the legality and validity of the notification dated 16th May 1960 on grounds mentioned in the said letter and calling upon the Government to withdraw or cancel the said notification and to refrain from giving effect to the same. On 18th July 1961 the Labour Commissioner, West Bengal, wrote a letter to the Secretary, Bengal Motion Picture Association, respondent No. 2, intimating that a conference would be held on the 19th July 1961 at his Chamber to discuss-the matter of lockout in the cinema house which had taken place at that time. A copy of this letter was forwarded to the Bengal Motion Picture Employees union, being the appellant before us. As a result of the meeting held by the Labour Commissioner a memorandum of settlement was entered into between the Bengal Motion Picture Association, Bengal Motion Picture Employees Union and Bengal Provincial Trade Union Congress by which it was inter alia agreed as follows;
"(a) The management of Cinema House in West Bengal agree to inform the employees that it has accepted in principle the said notification prescribing minimum wages for the workers of the cinema industry in West Bengal. (b) In view Of the fact that the financial position of the management does not peirmit full implementation of the said notification, the management is applying within 15 days to the State Government for a revision under the Minimum Wages Act. (c) The list of houses that have informed Bengal Motion Picture Association about its intention for immediate implementation is enclosed. Those houses will immediately inform their employees and Government about the steps they intend to take for immediate implementation of the Minimum Wages notification."

(3.)On 28th July, 1961 the respondent Kohinoor Pictures Private Ltd. wrote a letter to the Secretary, labour Department, challenging the notification dated the 16th May 1960 and calling upon the Government to re-frain from giving effect to the said notification or enforcing the provisions thereof. But as no reply was received from the Government an application was moved (by the respondent Kohinoor Pictures Private Limited before 'this Court under Article 226 of the Constitution challenging the notification dated 16th May 1960 and the agree-went dated 20th July 1961 and a Rule Nisi was issued by Sinha, J. on the 3rd August 1961 and an interim injunction was issued by the learned Judge restraining the State of West Bengal from giving effect to the notification dated the 16th May 1960 as against the said Kohi-noor Pictures Private Limited. The grounds on which the validity of the notification dated the 16th May i960 was challenged are set out in paragraph 20 of the petition.


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