MADHYA PR.ADESH MINERAL INDUSTR.Y ASSOCIATION versus THE REGIONAL LABOUR COMMISSIONER JABALPUR AND OTHERS

Citation: [1960] 3 S.C.R. 476 · Decided: 07-04-1960 · Supreme Court of India · Bench: P.B. GAJENDRAGADKAR · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

. 476 
SUPREME COURT REPORTS 
[1960] 
z96o 
and 
if it resulted 
in retrenchment that was 
51 
d -:;-;:; 
inevitable. These facts would show that in that 
;~;;n; ·c":."0/"' case there was reorganisation of the business result. 
India Ltd. 
ing in retrenchment. In the present case no such 
v. 
thing arises and the only question for decision is 
Its Wa>kmen 
whether the work which is perennial and must go 
on from day to day and which is incidental and 
Wanchoo ]. 
April 7. 
necessary for the work of the refinery and which is 
sufficient to employ a considerable number of whole-
time workmen and which is being done in most 
concerns through regular workmen should be allowed 
to be done by contractors. Considering the nature of 
the work and the conditions of service in the present 
case we are of opinion that the tribunal's decision is 
right and no interference is called for, except that the 
date .should now be changed, for such a direction can-
not be put into force with retrospective effect from 
November l, 1958. It appears that a few months 
remain before the present contract will come to an 
end. We think that for these few months the present 
system may continue. 
W' e therefore dismiss the 
appeal with this modification that the order of the 
tribunal will be carried into effect from such date on 
which the present contract in force in the company 
comes to an end. The respondents will get their costs 
from the company. 
Appeal dismissed subject to modification.. 
MADHYA PR.ADESH MINERAL INDUSTR.Y 
ASSOCIATION 
v. 
TFIE REGIONAL LABOUR COMMISSIONER 
JABALPUR AND OTHERS 
(P. B. GAJENDRAGADKAR, K. N. w ANCHOO 
and K. C. DAS GUP'l'A, JJ.) 
Minimum Wages, Fixation of-Notification by State Govern-
ment prescribing minimum rates for stone-breaking or stone-crushing 
in mines-Validity-Minimum Wages Act, r948 (II of r948), 
ss. 5 (2), 27, Sch., Part I item 8. 
The Madhya Pradesh Government issued a notification under 
s. 5 (2) of the Minimu!Il Wa~cs Act, 1948 (rr of 1948), prcscribin(j 
-
-
--
• 
3 S.C.R. SUPREME. COURT RF..A?ORTS 
477 
the minimum rates of wages for employment in stone breaking 
x960 
and stone crushing operations carried on in mines in exercise of 
the authority delegated to it by the President by a notification :Vladhya Pradesh 
under Art. 258 of the Constitution. The appellant company, lVIineral I nduslry 
Association 
engaged in manganese mining industry, challenged the validity 
v. 
of the said notification by a writ petition filed in the High Court Regional Labour 
and its case was that the said notification was ultra vires s. 5(2) 
Commissioner 
of the Act. 
The High Court found against the appellant and 
rejected the petition. The question for determination in the 
appeal, therefore, was whether item 8 in Part l of the Schedule 
to the Act, properly construed, included stone breaking and stone 
crushing operations in a mining industry: 
Held, that item 8 in Part l of the Schedule to the Minimum 
Wages Act, 1948, was not intended to cover the breaking or 
crushing of stones incidental to mining operations and must be 
limited to stone breaking and stone crushing employment in 
quarries. The impugned notification was, therefore, ultra vires 
s. 5(2) of-the Act and could not be enforced. 
It would, however, be open to the Government, if it so 
desired, to achieve the object it had in view in issuing the im-
pugned notification by adding appropriate items to the Schedule 
in exercise of its power under s. 27 of the Act : 
Held, further, that it was not necessary for the appellant to 
challenge the ·vires of the Presidential notification in the first 
instance in order that he might impugn the notification in 
question. 
A. Thangal Kunju Musaliar v. M. Venkitachalam Patti, [1955] 
2 S.C.R. n96, referred to. 
CIVIL APPELLATE JURISDICTION: 
Civil Appeal 
No. 389 of 1959. -
Appeal from the judgment and order dated Octo-
ber 25, 1957, of the Bombay High Court at Nagpur in 
Misc. Petition No. 476 of 1956. 
A. S. Bobde and Ganpat Rai, for the appellant. 
H. J. Umrigar K. L. Hathi and R.H. Dhebar, for 
respondent No. 2; 
· 
1960. April 7. 
The Judgment of the Court was 
delivered by 
GAJENDRAGADKAR, J.-This appeal arises from a Gajendragadkar J. 
writ petition filed by the appellant, Madhya Pradesh 
· 
Mineral Industry Asso~iation, in wh~ch the appellant 
challenged the validity of the notification issued by 
the Madhya Pradesh State Government on March 30, 
1952, under s. 5(2) of the Minimum Wages Act, 

Excerpt shown. Read the full judgment & AI analysis in Lexace.