- (1.) THE petitioners -in this Rule are Anandam private Ltd. an existing company owning two cinema houses while the petitioner No. 3 is The Eastern India Motion Picture Association, an association of the employers of cinema industries of Eastern India Region. By notification issued by the Government of West bengal under the Labour Department bearing No. 2949 L. W/lw/1a-88/co dated May 16, 1960 the Government of West bengal fixed, with effect from the date of the notification, the rates of minimum wages payable to the employees in cinema industries in West Bengal. The rates with reference to categories of employees were specified in the schedule attached to the notification. This notification was issued by the Government in exercise of the power conferred by clause (a) of Sub-section (1) of Section 3 read with Sub-section (2) of Section 5 of the Minimum Wages Act, 1948 (hereinafter referred to as the Act ). The cinema industry in West Bengal as an employment was added to part I of the schedule of the Act by the Government Notification dated May 19, 1969 under Section 27 of the Act and duly gazetted on June 4, 1959. The notification further provided under Clause 5 as follows : "5 (a) The rate of dearness allowance shall correspond to the average consumer price index number for the year 1959 as published by the competent authority appointed under clause (c) of Section 2 of the Act. Dearness allowance shall be adjusted both upwards and downwards with change in the consumer price index, (b) Dearness allowance shall not be revised unless there has been a change of 20 points in the consumer price index number and before lapse of one year from the date of notification, (c) The rate of change of clearness allowance shall be at the rate of rs. 4/- for every 20 points for all categories of workers. " By another notification dated July 177, 1970 bearing reference No. 1021-LAW/lw/2w-5/69 the government having considered the advise of the Comittee apointed to enquired into the conditions prevailing in the cinema industry in the state of West Bengal and to advise the Government in making revision of the minimum rates of wages fixed in respect of such employment, revised minimum wages payable to the employees employed in the cinema industry in the State as specified in the scheudle thereto appended. This was done in exercise of power conferred by Clause (b) of Sub-section (1) of section (3) read with Sub section (2) of Section 5 of the Minimum Wages act, 1948. The dearness allowance was also fixed by the said notification for which further provisions in respect thereof were made as indicated below : - " (a) The rate of dearness allowance shall correspond to the calcutta Consumer Price Index number for the working class for the month of November 1969 on base 1960 = 100 (b) The rate of dearness allowance shall be revised every six months in the month of February and August each year on the basis of average working class consumer price index number of the previous half years july to December and January to june respectively at the rate of 75 paise per point of rise or fall when there is a rise or fail of at least 5 points from the Calcutta Consumer price Index Number of 178 points in November 1969 on base of 1960=100. But in all cases of rise or fall over 5 points, adjustment in dearness allowance shall be made on the basis of point to point adjustment viz. on the basis the actual points or rise or fall of the index number. "
(2.) THEREAFTER on or about October 11, 1974 the Assistant Labour Commissioner of the Government of West bengal addressed a letter of the Labour adviser, Eastern India Motion Picture association on the subject of working class consumer price index number for the Calcutta area. The letter is as follows :- JUDGEMENT_32_TLCAL0_1979Html1.htm
(3.) IT appears that the petitioners through their lawyer issued a letter of demand on the Government stating that the competent authority under the minimum Wages Act made no declaration in the official gazelle in accordance with law declaring the cost of living index number applicable for cinema industry in West Bengal. Accordingly the notices referred to above should be rescinded and withdrawn.;