B.N. Banerjee, J. - (1.) The Minimum Wages Act, 1948 is an Act which provides for statutory fixation of minimum wages in certain scheduled employments, with a view to obviate the chance of exploitation of labour in such employments.
(2.) In exercise of the powers under Section 27 of the Act, the respondent State Government made a notification, dated May 19, 1959, adding the cinema industry in the schedule to the Act, as one of the scheduled employments. Thereafter, on May 16/18, 1960, the respondent State Government made another notification, in exercise of its powers under Section 3 of the Act, fixing the minimum wages of several categories of employees employed in the cinema industry. This notification was challenged, under Article 226 of the Constitution, by one Suranjan Sarkar and two others and a Rule Nisi (Matter No. 134 of 1960), dated May 31, 1960, was issued by this Court. That Rule ultimately fizzled out and the application on which the Rule had been issued was allowed to be withdrawn, by Sinha J. on June 9, 1961 as the application did involve certain disputed question of fact.
(3.) Thereafter, mainly at the instance of a Cinema House, known as Nishat Cinema, the respondent Labour Commissioner took up the dispute over the legality and implementation of the notification and through his good offices there was an agreement, dated July 21, 1961 arrived at between the respondents Nos. 2, 3 and 4 and the East India Motion Pictures Association (formerly known as Bengal Motion Pictures Association, of which the petitioner is also a member), inter alia, as hereinafter quoted : "1. The management of cinema houses in West Bengal agree to inform the employees that it accepted in principle the State Government Notification dated 18-5-60 prescribing the minimum wages for the workers of the cinema industry in West Bengal. In view, however, of the fact that the financial position of the management does net permit full implementation of the said notification, the management is applying within 15 days to the State Government for a revision under the Minimum Wages Act. Pending such revision of the notification, the management will pay to each employee advances of 15 days from the equivalent to his one month's existing wages and such advance will be adjusted against the management liability to employees in respect of minimum wages after revision, if any. The management 13 making this announcement on the assurance, that pending revision to be applied for, it would not be compelled to pay minimum wages as notified by the State Government on 18-5-60, Since the above decision depends upon the discretion of Government the Union has no comments to offer. 2. It is agreed that the Union will assure that they will direct their members not to file any claim case during the pendency of the revision proceedings. The management also assures its employees that it has no intention whatsoever to challenge the validity of the Government Notification dated 18-5-60 in any Court of law. 3. The list of houses that have informed B.M.P.A. about its intention for immediate implementation is enclosed. These houses will immediately inform their employees and Government about the steps they intend to taka for immediate implementation of the minimum wages notification." The agreement notwithstanding, one Kohinoor Pictures Private Limited moved this Court, on August 3, 1961, under Article 226 of the Constitution, for a Writ in the nature of Mandamus directing the respondent State Government to cancel the notification, dated May 16, 1960, and prohibiting it from giving effect thereto and obtained a Rule, being matter No. 227 of 1961. The Rule was made absolute by Sinha J. on September 21, 1961. On appeal against the order of Sinha J. being Appeal from Original Order No. 201 of 1961, Bose, C.J. and G.K. Mitter J, allowed the appeal, on August 14, 1963, to the extent indicated below : "We, therefore, find that the notification, dated 16th May 1960, separated or severed from the portions we have declared as invalid, is a valid notification and it must be upheld. But we hold further that unless and until the Government fixes the number of hours of work which shall constitute a normal working day and provide for days of rest and other matters, as contemplated in Section 13 of the Act in relation to the notification, dated the 16th May 1960, no effect is to be given to this notification dated the 16th May 1960. Subject to ibis condition the appeal is allowed and the judgment and order of the learned trial judge are set aside." It is not necessary for ma to indicate which portions of the notification, dated May 16, 1960, were declared to be invalid by the Appellate Court, because nothing turns thereupon in this Rule.;