LABOUR INSPECTOR, CENTRAL versus THE CHITTAPORE STONE QUARRYING CO. (P) LTD. & ORS.

LABOUR INSPECTOR, CENTRAL versus THE CHITTAPORE STONE QUARRYING CO. (P) LTD. & ORS.

Employment in quarrying Shahabad stone by cutting stratified rock for flooring slabs does not fall within 'stone breaking' or 'stone crushing' as specified in item 8 of Part I of the Schedule to the Minimum Wages Act, 1948. This scheduled employment covers the commercial activity of breaking or crushing non-stratified rock, not the extraction of stratified stone slabs.

Parties
Appellant: Labour Inspector, Central; Respondent No. 1: The Chittapore Stone Quarrying Co. (P) Ltd.; Respondent No. 2: R. B. Datar
Jurisdiction
India
Judgment Date
05 April 1972
Procedural Posture
Civil Appeal / Appeal by Certificate From Judgment of Mysore High Court in Writ Petition No. 1860 of 1965
Outcome
Appeal dismissed.
Legal Topics
Minimum Wages, Interpretation of 'stone Breaking' and 'stone Crushing' Under the Minimum Wages Act, Scheduled Employment
Labour Law Minimum Wages Interpretation of 'stone Breaking' and 'stone Crushing' Under the Minimum Wages Act Scheduled Employment

Case Brief

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Parties

Labour Inspector, Central

Appellant

The Chittapore Stone Quarrying Co. (P) Ltd.

Respondent No. 1

R. B. Datar

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Certificate From Judgment of Mysore High Court in Writ Petition No. 1860 of 1965

Legal Issues

  1. 1 Whether quarrying of Shahabad stone amounts to 'stone breaking' or 'stone crushing' under item 8 of Part I of the Schedule to the Minimum Wages Act, 1948
  2. 2 Whether employment in Shahabad stone quarries is scheduled employment under the Minimum Wages Act

Ratio Decidendi

Employment in quarrying Shahabad stone by cutting stratified rock for flooring slabs does not fall within 'stone breaking' or 'stone crushing' as specified in item 8 of Part I of the Schedule to the Minimum Wages Act, 1948. This scheduled employment covers the commercial activity of breaking or crushing non-stratified rock, not the extraction of stratified stone slabs.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed with costs; proceedings under the Minimum Wages Act quashed as related to respondent no. 1's quarrying activity.