R.M. Sahai, J. - (1.) Various engineering establishments employing more than 50 but less than 250 workmen have filed these petitions for quashing notification issued by State Government on 26th September, 1980 in exercise of power under Section 3 (b) of U.P. Industrial Disputes Act fixing minimum wage of skilled and un-skilled employees as invalid since conditions precedent for exercise of power, namely, emergency and that also as a short measure was non-existent.
(2.) Due to growth of various engineering industries all over country the Central Government appointed Wage Board in 1964 which submitted its report in 1968 classifying establishments in A, B, C and D, on the basis of workmen employed by them and recommended for categorisation of workmen, grades and scale. In February, 1970 State Government convened a Tripartite Conference to ascertain views of employers and workmen but no unanimity was arrived. Consequently it issued a notification in July, 1970 under Section 3 (b) implementing recommendations of Central Wage Board fixing wages for employees in engineering industries with modification to suit the prevailing conditions. It categorised workmen, their scales of pay, fixed dearness allowance and other allowances and also the phased manner in which the provision of notification were to be implemented. The scale of pay of various workmen was fixed as under : JUDGEMENT_77_LAWS(ALL)11_1985(1).html
(3.) In 1974 Government directed the establishments to pay interim variable dearness allowance at rate of Rs. 30/- and 40/- per month for skilled and semi-skilled employees by all establishments employing more than 50 and less than 250 workmen over and above the fixed dearness allowance payable under notification issued in 1970. In 1977 Additional dearness allowance amounting to Rs. 20/- to Rs. 25/- depending on number of workmen employed was sanctioned by Government. In 1979 Government called a Tripatite Conference to consider revision of wages and dearness allowance in respect of employees working in these industries. No settlement was arrived. In 1980 the impugned order was issued by the Government. In Preamble to the order it is stated that there has been no increase in wages since 1977 which was creating dissatisfaction amongst the employees and was likely to effect production. And no decision could be arrived at in the Conference in 1979 whereas price-index was going up by every day, therefore, it was decided by the Government to check the dissatisfaction in the employees. And in all those establishments which were employing more than 50 persons should pay additional wages at 47.25 paise per month from September, 1980. Clause 2 of the order provided that in case any establishment had granted any adhoc, increment on basis of agreement or settlement then that shall not be taken into account. In other words Rs. 41.25 paise shall be paid over and above whatever was agreed between employees and employers. Clause 3 of the G.O. provided that minimum wages for different kind of establishment after September, 1980 should be:- JUDGEMENT_77_LAWS(ALL)11_1985(2).html It further provided that employees in Nagar Mahapalika, Kanpur shall be entitled to daily allowance etc. as was being paid to them earlier. Provision for payment of variable D. A. at the rate of Rs. (sic) on the basis of cost of living index for every increase of cost of living above 381 points was also made. Clause 5 excluded those establishments which were already paying more than what was provided in the order. The duration of this G.O. by Clause 7 was provided to be one year.;