A. M. ALLISON versus B. L. SEN

A. M. ALLISON versus B. L. SEN

The fixing of minimum basic wages by notification under the Minimum Wages Act, 1948, was correlated to an existing work-load (16 seers for male, 12 seers for female labourers); extra wages at 6 ps. per seer remain payable for quantities above the basic work-load. The claim for extra wages does not amount to a claim for lesser payment than the minimum wage under section 20(1) of the Act, and thus falls outside the jurisdiction of the authority under that section. High Court's refusal of writ justice is sustained.

Parties
Appellant: A. M. Allison; Respondent: B. L. Sen
Jurisdiction
India
Judgment Date
21 December 1956
Procedural Posture
Civil Appeal / Supreme Court Final Judgment on Appeal From Assam High Court
Outcome
Appeal Dismissed
Legal Topics
Minimum Wages, Writ Jurisdiction, Certiorari, Industrial Disputes, Labour Rights
Labour Law Constitutional Law Minimum Wages Writ Jurisdiction Certiorari Industrial Disputes Labour Rights

Case Brief

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Parties

A. M. Allison

Appellant

B. L. Sen

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment on Appeal From Assam High Court

Legal Issues

  1. 1 Whether fixing minimum basic wages alters entitlement to extra wages for work done beyond basic work-load as per Minimum Wages Act, 1948?
  2. 2 Whether claim for extra wages for work done in excess of basic work-load is a claim for 'payment of less than the minimum rates of wages' under s. 20(2) of the Minimum Wages Act, 1948?
  3. 3 Whether a writ of certiorari should be granted against the High Court's exercise of discretion under Article 226 after concurrent factual findings?

Ratio Decidendi

The fixing of minimum basic wages by notification under the Minimum Wages Act, 1948, was correlated to an existing work-load (16 seers for male, 12 seers for female labourers); extra wages at 6 ps. per seer remain payable for quantities above the basic work-load. The claim for extra wages does not amount to a claim for lesser payment than the minimum wage under section 20(1) of the Act, and thus falls outside the jurisdiction of the authority under that section. High Court's refusal of writ justice is sustained.

Court Disposition

Appeal Dismissed

Orders

  • Each party to bear its own costs of appeal.