INDER SINGH Vs. LABOUR COURT JULLUNDUR

JUDGEMENT

(1.) THE main question which calls for decision in this petition of Inder Singh and 43 other employees of Messrs. Podar Textile Mills, Amritsar (respondent No. 2), under articles 226 and 227 of the Constitution is whether a disputed claim in pursuance of a notification under the Minimum Wages Act (11 of 1948) (hereinafter referred to as the Wages Act,) can or cannot be made under sub-section (2) of Section 33c of the Industrial Disputes Act, (14 of 1947) (hereafter called the Act), before a labour Court established under the Act.

(2.) RESPONDENT No. 2 is an industrial concern engaged in finishing textile goods. Minimum Wages of certain categories of the employees in such concerns had originally been fixed by a notification, dated August 4, 1964. That notification was subsequently superseded by notification, dated March 4, 1965, issued under section 5 92) of the Wages Act, Disputes arose between the petitioners and respondent No. 2 regarding the wages due to the petitioners for the period March 4, 1965, to June 30, 1965. The petitioners moved applications under S. 33-C (2)of the Act before Labour Court, Jullundur (respondent No. 1) for the computation of the wages to which they were entitled for the said period. According to the case of respondent No. 2 (hereinafter called the employer), the petitioners had claimed wages of a higher category then the one to which they were entitled. In their application before the Labour Court, the petitioners gave details of the wages to which they claimed to be entitled, the rate at which they had actually been paid, and also the details of the difference between the two sets of awards. The applications of the petitioners were contested by the employer who raised various objections including the one relating to the jurisdiction of the Labour Court to try the applications in question. It appears to be appropriate to quote verbatim the relevant preliminary objection which gave rise to the dispute which now forms the subject-matter of this petition:-

(3.) FROM the pleadings of the parties, the Labour Court framed two preliminary issues to the effect: