A. Roy, J. - (1.) This Revision case has arisen by issue of a Rule nisi by this Court upon an application made under Article 227 of the Constitution praying for a revision of an order made on February 15, 1973, by the District Judge, Burdwan, as the Authority under the Minimum Wages Act, 1948, in Misc. Case No. 128 of 1970.
(2.) That proceeding before the District Judge commenced upon a petition made by an Inspector of Minimum Wages, Chander nagore, in Hooghly District, complaining that the employer company M/s Ghanda Singh Motor Service Pvt. Ltd. having its registered office in the headquarter town of Burdwan had failed to implement the minimum rates of wages in respect of their employees twenty -five in number of whom seven are drivers, eight are conductors and ten are cleaners, mentioned in the schedule to the petition, and by that petition a claim of Rs. 2,202 -24 (rupees two thousand two hundred two and twenty four paise) was made for the period November 1969 to April 1970. There was also a prayer for a compensation to the extent of five times of that claim amount. Upon that application the Misc. Case No' 128 of 1970 in the Court of the District Judge, Burdwan, was registered on May 27, 1970. Notice of that proceeding was given to the employer company who was joined as the opposite party in the proceeding but no notice appears to have been given to any one of the employees to whom the amount of the difference remaining unpaid and also the compensation claim would be paid.
(3.) The claim was contested by the employer company by filing written statement and raising several grounds including the contention first that the claim should not be entertained at all because (i) the employees get the benefit of other emoluments and perquisites in the form of food and clothing over and above cash wages for which reason the employees can have no claim at all, and (ii) the notification of revised rates of Consumers' Price Index was not within the knowledge of the employer company and that was not brought to the notice of the employer company at any time. It was imputed that the proceeding had been initiated by the Inspector of Minimum Wages, Chandernagore, for ulterior purposes. The learned District Judge heard the matter on evidence by examining witnesses in the box and the witnesses .were examined on both sides and documents were produced in evidence.;