A. M. ALLISON versus B. L. SEN

Citation: [1957] 1 S.C.R. 359 · Decided: 21-12-1956 · Supreme Court of India · Bench: NATWARLAL HARILAL BHAGWATI · Disposal: Dismissed
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

S.C.R. 
SUPREME COURT REPORTS 
359 
A. M. ALLISON 
v. 
B. L. SEN 
(and connected appeal) 
(BHAGWATI, 
VENKATARAMA 
AYYAR, 
B. P. 
SINHA 
and S. K. DAs, JJ.) 
Minimum basic wages-Basic work-load-Extra wages for work 
done in excess of basic work-load-Writ 'Of certiorari-When to be 
granted-Minimum Wages Act 1948 (XI of 1948), ss. 3, 5(2) and 
20-Constitution of India, Art. 226. 
The labourers were being paid the basic wages of as. 8 /- for 
male labourers and as. 6 (- for female 
labourers for the work-load 
or 
task of 
plucking 16 seers and 12 seers of green tea leaves 
respectively each day. If the labourers plucked larger quantities of 
leaves they were paid extra wages at the rate of 6 ps. per seer in 
excess of 16 seers 
and 12 
seers 
respectively. 
The Government 
issued a notification under s. 3 read with s. 5 ( 2) of the Minimum 
Wages Act, 1948, increasing the rates of basic wages to as. 12 /-
and as. 11/- respectively. 
The management thereafter refused 
to 
make any extra payment to the labourers at the rate of 6 ps. per 
seer unless the leaves plucked by them exceeded 24 seers and 22 
seers respectively. 
Held, that the sole intention of the Government in issuing 
the notification was to increase the basic wages while maintaining 
the same' basic work-load or task assigned 
to 
the 
labourers, so 
that whatever extra work was done by the labourers in excess of 
the existing work-load or task of plucking 16 seers and 12 seers of 
tea leaves by the male and female 
labourers 
respectively, 
had 
still to be paid for at the rate of 6 ps. per seer. 
Quaere : Whether the claim for the extra wages 
amounts 
to 
a claim arising out of the payment of less than the minimum 
rates of wages within the meaning of s. 20(2) of the Minimum 
Wages Act, 1948. 
A writ of certiorari cannot be had as a matter of course. The 
High Court is entitled to refuse the writ if it is satisfied that 
there was no failure of justice. 
The Supreme Court dedines to 
interfere, in appeal, with the discretion of the High Court unless 
it is satisfied that the justice of the case requires such inter-
ference. 
CIVIL APPELLATE JURISDICTION: 
Civil Appeals NQS, 
279 and 280 of 1955. 
Appeal from the Judgment and Order dated July 7, 
1953, of the Assam High Court in Civil Rules Nos. 147 
and 148 of 1952. 
1956 
D1&ember, lll 
1956 
A. M. Allisao 
v. 
B. L. Sen 
360 
SUPREME COURT REPORTS 
[19571 
C. K. Daphtary, Salicitor-General of India, P. K. 
Goswami, S. N. Mukherji and B. N. Ghosh, for the 
appellants in both appeals. 
Purshottam Tricumdas and Naunit Lal, for respon-
dent No. 2 in C.A. No. 280/56. 
N aunit Lal, for respondent No. 1 in both Appeals. 
1956. December 21. The Judgment of the Court was 
delivered by 
BHAGWATI 
J.-~These two appeals with certificates 
under Art. 133(1)(c) of the Constitution are directed 
against a judgment of the High Court of Judicature 
in Assam dismissing the appellants' application under 
Art. 226 challenging the orders of the first respon-
dent Shri B. L. Sen, Deputy Commissioner, Sibsagar, 
whereby he allowed the applications filed on behalf of 
the labourers employed in the Teok Tea Estate and 
the Dalim Tea Estate under section 20 of the Minimum 
Wages Act, 1948 (Act XI of 1948), hereinafter referred 
to as the Act. 
On March 11: 1952, the Government of Assam, in 
exercise of the powers conferred by s. 3 read with 
sub-s. (2) of s. 5 of the Act issued the following notifi-
cation: 
"No. GLR. 352/51/56.-In exercise of the powers 
conferred by section 3 read with sub-section (2) of 
section 5 of the Minimum Wages Act, 1948 (XI of 
1948), as amended, the Governor of Assam, having 
considered 
the advice of the 
committee 
appointed 
under clause (a) of sub-section (1) of section 5 of the 
said Act, is pleased to fix minimum wages, which will 
come into force with effect from the 30th March, 1952, 
consisting of basic wages and dearness allowance in 
terms. of clause ( 1) of sub-section 1 of section 4 of the 
said Act, at the rates as specified in 
the 
schedule 
hereto 
annexed 
payable 
to 
employees 
employed 
in tea. plantations in the different districts of Assam. 
2. These 
rates 
are 
exclusive 
of 
con.cessions· 
enjoy~d by the workers in respect of Sl\pplies of food-
stuffs and 
othe.r 
essential 
commodities and other 
amenities which will continue unaffected. Tht: eristing 
S.CJ.t 
SUPREME COUllT REPORTS 
361 
tasks and hours of work may continue until further 
orders. 
SCHEDULE 
1. 
ORDINARY U
Excerpt shown. Read the full judgment & AI analysis in Lexace.