LAWS(BOM)-1958-9-4

BIDI LEAVES AND TOBACCO MERCHANTS ASSOCIATION Vs. STATE OF BOMBAY

Decided On September 23, 1958
BIDI LEAVES AND TOBACCO MERCHANTS' ASSOCIATION Appellant
V/S
STATE OF BOMBAY Respondents

JUDGEMENT

(1.) This order will also govern Special Civil Application No. 214 of 1958. In these petitions the petitioners challenge the notification issued by the Government of Bombay in Labour and Social Welfare Department, dated 11 June, 1958, under the Minimum Wages Act, 1948. That notification runs thus :

(2.) For all bidis in which 7 chataks or more of tobacco mixtures is used and for those bidis which are known as "hathakhun" bidis, there shall be an increase of 12 nP. per 1,000 bidis in the rates mentioned above in all the areas.

(3.) It shall be within the discretion of the employer to decide which are "chhat" bidis or bid bidis, up to 5 per cent of the bidis prepared by the employee. If the employer decides that any bidis are "chhat" or bad, the "chhat" or bad bidis up to 5 per cent shall be destroyed forthwith by the employee and whatever tobacco is recovered from them shall be retained by the employer. If, however, the employer wants to retain these "chhat" or bad bidis, he shall pay full wages for the same to the employee.