BASTI SUGAR MILLS LTD. versus RAM UJAGAR AND OTHERS

BASTI SUGAR MILLS LTD. versus RAM UJAGAR AND OTHERS

Respondents are 'workmen' under the Act and Standing Orders; appellant is their 'employer' in law despite contractor employment; minimum wages apply and reinstatement ordered.

Parties
Appellant: Basti Sugar Mills Ltd.; Respondents: Ram Ujagar and others
Jurisdiction
India
Judgment Date
04 April 1964
Procedural Posture
Civil Appeal / Appeal by Special Leave From Labour Court Award
Outcome
Appeal dismissed with costs.
Legal Topics
Definition of Employer and Workman, Contract Labour, Minimum Wage, Standing Orders, Fundamental Right to Carry on Trade
Labour Law Industrial Law Constitutional Law Definition of Employer and Workman Contract Labour Minimum Wage Standing Orders Fundamental Right to Carry on Trade

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Parties

Basti Sugar Mills Ltd.

Appellant

Ram Ujagar and others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Labour Court Award

Legal Issues

  1. 1 Whether appellant is employer of respondents under U.P. Industrial Disputes Act, 1947
  2. 2 Whether respondents are entitled to minimum wages under Standing Orders
  3. 3 Whether definition of employer violates Art. 19(1)(g) of Constitution

Ratio Decidendi

Respondents are 'workmen' under the Act and Standing Orders; appellant is their 'employer' in law despite contractor employment; minimum wages apply and reinstatement ordered.

Court Disposition

Appeal dismissed with costs.

Orders

  • Respondents entitled to minimum wage as per Standing Orders.
  • Reinstatement of workmen ordered if not already employed.