R.B.MEHROTRA, J. - (1.) A notification dated June 21, 1991 was published in the U.P. Gazette of the same date. The notification recites as under: 'Whereas the State Government had vide its notification No. 6790 (ST) XXXVI -1 -1006 (ST) 89, dated November 21, 1989 revised and fixed the minimum rates of wages for employees employed in the employment in Bidi Making in Uttar Pradesh; And whereas, the employees engaged in Bidi making industry had been demanding the revision of minimum wages due to rise in prices and upwards revision in other employments. And whereas, the Uttar Pradesh Bidi Maz -door Unions operating Bidi industry served notices on the State Government indicating that if the minimum rates of wages of the employees employed in the employment of Bidi industry were not revised they would start agitation; And, whereas, in the opinion of the State Government it is necessary and expedient to revise the minimum rates of wages for employees employed in the employment in Bidi making with a view to securing public convenience and maintenance of public order and for maintaining employment; Now, therefore, in exercise of the powers under Clause (b) of Section 3 of the U.P. Industrial Disputes Act, 1947 (UP. Act No. XXXVIII of 1947), the Governor is pleased to make the following order and under Section 19 of the said Act to direct that the notice of this order shall be given by publication in the Gazette. ORDER 1. The various categories of employees employed in the Bidi making industry shall be paid minimum rates of wages as specified in column 2 of the Schedule given below with effect from the date of publication of this notification in the Gazette. SCHEDULE Class of employees Revised rates of minimumwages. 1 2 1. Bidi Rolling Rs.200 per thousand Bidisrolled provided that where the employee earns less than Rs. 140 -00per week at this rate, he shallbe paid at least Rs. 120.00 per week subjectto the conditions specified in the Annexure to this order. 2. Pastingof slips Rs.200 per thousand 3. Forwrapping, pasting of labels and making bundles of one lakh of Bidis -when one bundle contains 25 bidis Rs.46.50 whenone bundle contains 24 bidis Rs.49.10 whenone bundle contains 20 bidis Rs.51.40 whenone bundle contains 12 bidis Rs.63.10 whenone bundle contains 10 bidis Rs.71.40 whenone bundle contains 8 bidis Rs.86.25 whenone bundle contains 7 bidis Rs.92.50 4. Forstores and examiners of bidis Rs.796.00per month 5. Forloading and unloading on/form trucks and packing bidis in sacks and forchaukidars, sweepers and otherunskilled employees. Rs.676.00per month 6. FurnaceMan (Baking of bidis) Rs.796.00per month 7. Maxingof tobacco Rs.707.00per month 8. JalFillers Rs.707.00per month 9. Clerical Rs.1083.00per month (a)head munium, head clerk, head cashier, head store keeper, senior clerk,accountant, stenographer. (b)Clerk, typist, assistant accountant, junior accountant, cashier store keeper,munim Rs.239.00per month 10. Drivers. (a) Drivers of heavy vehicles Rs.903.00per month (b) Drivers of light vehicles Rs.849.00per month
(2.) THE above rates of wages shall not in any way, operate to the prejudice of any employee, if the rates prevailing before coming into force of these rates are higher, the same shall be continued to be paid and the employer shall not reduce them. 1. The employee shall be entitled to get at least Rs. 120.00 per week (hereinafter referred to as the guaranteed wages) only, where the employer fails to supply sufficient quantity of good raw material (including tobacco leaves) to roll, 5,600 bidis per week. 2. The guaranteed wages shall be inclusive of the wages for any day earned by the employee in respect of Bidi actually rolled by him with the quantity of raw material supplied to him by the employer. 3. The employee shall not be entitled to get guaranteed wages if he earns less than the amount of guaranteed wages on any day on account of his unwillingness to work for any reasons, whatsoever be. 4. The employee shall not be entitled to get the guaranteed wages if he fails to make full use of the raw material supplied to him even if the raw material so supplied is not sufficient for rolling 800 bidis per day. 5. The employee who works for more than one employer shall not be entitled to get the guaranteed wages from any one of the employer. 6. The employee shall not be entitled to get the guaranteed wages if the failure of the employer to supply raw material is due to fire, catastrophe, epidemic, civil commotion or other similar causes which are beyond his control. 7. This order shall remain in force for a period of two years from the date of its publication in the Gazette unless rescinded or replaced by another order. By order, Moninder Singh/Sachiv' 2. In both the aforesaid writ petitions, the aforesaid notification issued under Section 3(b) of the U.P. Industrial Disputes Act has been challenged. In both the writ petitions the same point is involved. As such, both the writ petitions have been consolidated and have been heard together. In Writ Petition No. 22661, the Court granted the following interim order: 'Issue notice. Operation of the notification dated June 21, 1991 contained in Annexure '1' to the writ petition in so far as the petitioners are concerned, shall remain stayed till further ordersof this Court. It shall be open to the contestingrespondents to seek reconsideration of theinterim order before the appropriate Bench after the counter - affidavit by all the respondents have been filed. Learned counsel forthe petitioners made a statement at the Barthat the petitioners undertake that if eventually the writ petition fails, the petitioners shall pay within a month of the dismissal ofthe writ petition the difference in the existingwage and wages required to be paid underthe impugned notification to the workersconcerned. Dated August 28, 1991Sd. R.K.G.' However, in Writ Petition No. 27670 of 1991, the Court stayed the operation of the notification until further orders of the Court without imposing any condition. In the interim order passed by the Court in M/s. Kaley Khan's writ petition (supra) the Court did not impose any condition nor asked the petitioner to give any undertaking. A blanket interim order staying the operation of the notification dated June 21, 1991 was passed.
(3.) SINCE the counter and rejoinder affidavits have been exchanged in Writ Petition No. 22661 of 1991, the said case is being treated as a leading case in the matter.;