THE MALABATI TEA ESTATE Vs. SM. BUDHNI MUNDA AND OTHERS
LAWS(GAU)-1958-9-6
HIGH COURT OF GAUHATI
Decided on September 04,1958

The Malabati Tea Estate Appellant
VERSUS
Sm. Budhni Munda And Others Respondents




JUDGEMENT

J.N. Datta, J.C. - (1.)THIS is a petition under Art. 226 of the Constitution for the issue of an appropriate Writ, that is, a Writ in the nature of Certiorari, quashing the order of the Authority (Munsiff, Sadar) appointed under Sec. 20 (1) of the Minimum Wages Act 1948, passed on 10 -3 -58, by which he awarded to 20 female workers of the present Tea garden petitioner, the difference between the minimum wages payable and the wages actually paid and also compensation under S. 20(3) of the said Act.
(2.)EXCEPT in the case of two employees, the difference in wages claimed was for a much longer period than six months next before the filing of the petition under S. 20 (2), but the Authority allowed the difference in wages only for six months next before the filing of the petition, holding the rest to be time barred, and refusing to extend the time for same as provided for in the second Proviso to section 20 (2). On account of compensation he allowed Rs. 25/ - to each employee. The application was filed on behalf of the employees, by a legal practitioner who was authorised in writing to do the same. In the original petition Manindra Nath Pal, the then Manager of the Tea Garden, which is known as Malabati Tea Estate, was shown as the opposite party or employer. The petition came to be dismissed in default of the petitioners.
It was then restored, and thereafter the name of Manindra Nath Pal, was struck out, as he had ceased to be the Manager and was succeeded by another Manager leaving the Manager as a party. The proprietor of the Tea Garden, Bikash Chandra Ganguly was also joined as a party, when the name of Manindra Nath Pal was struck out. These changes were made in July, 1957, that is, more than one and half years after the filing of the original petition.

(3.)AS per notification of the Government the minimum wages payable to a female worker for a full day of hours were fixed at Re. 1/ - per day (Hazira -/5/ -, Doubli -/5/ -, and Dearness Allowance -/6/ - Total 1/ -).


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