- (1.) These toe appeals by special leave (C. As. Nos. 1704 and 1937 of 1967) are directed against the judgment of a Division Bench of the Bombay High Court dated August, 19, 1966 dismissing four applications under Art. 227 of the Constitution arising out of orders made by the Authority under the Minimum Wages Act 11 of 1948 (hereinafter called the Act) in repeat of claims made by employees of the 'City of Nagpur Corporation' (hereinafter called the Corporation) working in various Departments of the Corporation.
(2.) On July 13, 1964 Sitaram Madhorao, Chaukidar and 9 other employees of the Octroi Department of the Corporation filed an application under S. 20 of the Act in the Court of Small Causes at Nagpur, which was the Authority appointed under the Act. The application was presented through the General Secretary of the Nagpur Corporation Employees' Association which was a registered trade union. The application is brief and, therefore, we consider it proper to reproduce its material parts in its own words: "The applicants above named beg to submit as under: (1) That the applicants are employees working in non-applicant No. 1, Nagpur Corporation in Department of School and ors. The Minimum wages notification has been issued in respect of this industry by Government on 21-2-1951 and the minimum rates of wages are fixed 1-12 per day for eight hours. (2) that the applicant have not been paid over-time wages for this period over-time wages for this period though they are entitled to get double the wages as they are required to work beyond prescribed hours and holidays. (3) That the applicants have been required to work overtime for 30, 65, 8 and 51 hours every week, during the period from 1-1-1964 to 30-6-1964 and total claim of are shown in the annexure. The total amount claimed is Rs. 8670.18. (4) That the applicants estimate the value of the relief sought by them of the sum of Rs. 8670.18. (5) Applicants pray that a direction may be issued under sub-s. (3) of Section 29 for (a) payment of the difference between the wages due according to minimum rate of wages fixed by job and wages actually paid amount overtime wages Rs. 8670.18. (B) Compensation amount to Rupees 100.00 (6) That demand has been made for this overseer claim from 1-1-1964 to 30-6-1964." Earlier on June 23, 1965. T. R. Khante, Time-keeper and 13 other employees of the Water Works Department of the Corporation had similarly applied under S. 20 of the Act through B. M. Mahale, General Secretary of the Nagpur Corporation Employees' Association. This application reads: "The applicants above named beg to submit as under: (1) That the applicants are employees working in non-applicant No. 1, Nagpur Corporation in Department of Waters Works. The minimum wages notification has been issued in respect of this industry by Government on 21-2-1951 and the minimum rates of wages are fixed 1-12 per day for eight hours. (2) That the applicants have not been paid over-time wages for this period though they are entitled to get double the wages as they are required to work beyond prescribed hours and holidays. (3) That the applicants have been required to work and overtime for 8 hours every week during the period from 1-8-63 to 31-1-64 and the total claim of are shown in the annexure. The total amount claimed is Rupees 1987.48. (4) That the applicants estimate the value of the relief sought by them of the same of Rs. 1047.48. (5) Applicants pray that direction may be issued under sub-s. (3) of section 29 for (a) payment of the difference between the wages due according to the minimum rate of wages fixed by the job and wages actually paid amount overtime wages Rs. 1047.48. (6) That compensation amounts to Rs. 140.00 (7) That demand has been made for this claim from 1-8-63 to 31-8-64."
(3.) On November 10, 1964 some preliminary objections raised by the Corporation were disallowed by the Authority and the applications were directed to be tried on the merits.;