RAM KUMAR MISRA versus STATE OF BIHAR AND OTHERS

Citation: [1983] 3 S.C.R. 1011 · Decided: 21-09-1983 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Case Allowed

Judgment (excerpt)

' 
,\ 
,. 
1011 
RAM KUMAR M!SRA 
\ 
v. 
STATE OF BIHAR AND OTHERS 
September 21, 1983 
~ 
(P. N. BHAGWATI, AMARENDRA NATH SEN AND 
RANGANA TH MISRA, JJ.] 
Minimum Wages Act, 1948-Schedule-Entry 27-Scope of-Applicable 
to employment in ferries plying across Ganges in Bihar. 
Bihar Shops & Establishments 
Act, .1953-Sec. 2(6)-Definition' of 
'Establishment'.-Scopeof-Business of trade of plying ferries across Ganges-
.An establishment. 
The petitioner complailled that the workmen employed in the two 
ferries, one at Bhagalpur and the other at Sultaoganj, operated by respondent 
No. 5 were not being Paid mipimum wages as prescribed by the relevant noti· 
fl.cations issued ·by the State of Bihar under the Minimum Wages Act, 1948. 
Respondent No. 5 contended that the Minimum Wages Act was not·applicable 
to these two ferries. 
· 
Allowing the writ petition, 
HELD : · The Schedule to the Minimum Wages Act lists various employ-
ments in respect of which minimum rates of wages can be fixed by the appro· 
priate Government. Entry 27 of the Schedule which dealt with employment 
in shops and establishments registered under the Bihar Shops and Establish-
ments Act, 1953, was an1ended on 25.11.1978 to enlarge its scope to cover 
~mployment in any shop or establishment O!her .than that covered unckr any 
of the other entries in the Schedule. It is clear from the Eiplanation to the 
ameo'ded Entry 27 that the word. "establishment" ·in that entry has the same 
meaning which is assigned to it in the Bihar Shops and Establishments Act, 
1953 and the court n1ust, therefore, look at the definition of "establishment .. 
as given in the Bihar Shops and Estal;llishments Act, 1953 in order to determine 
as to whether thC? Bhagalpur. and Sultanganj ferries could be Said to be estab-
lishments within the meaning of the amended Entry 27. The word "establish-
ment" is defined in see. 2(6) ofBihar Shops and Establishments Act, 1953 to-
mean an establishment which carries on any business, trade or profession or 
any work in connection with, or incidental OJ anciliary ·to, any business, trade 
or profession. _ Now it can hardly be disputed that the Bhagalpur and 
Sultan£:anj ferries are establishments which carry on business or trade of 
plying ferries across the Ganges and they are C1early within the meaning of the 
word "establishment" in sec. 2(6) of t_he Bibar Shops and Establishments Act, 
1953 and consequently they would also ·be establishments within the meaning .. 
A 
B 
' 
c 
D 
E 
G 
H 
A 
B 
c 
D 
E 
F 
G 
H 
1012 
SUPREME COURT REPORTS 
(1983] 3 s.c.R. 
of that expression as used in the amended Entry 27. The Minimum Wages 
Act, 1948 would, therefore, clearly be applicable to employment in· the 
Bhagalpur, and Sultanganj ferries. (1014 D, G-H; 1015 AB G H; tol6A] 
The workmen employed in the Bhagalpur and Sultanganj ferries were 
entitled to receive minimum wage as set out in· the Notification dated 25th 
June !975 as amended by the Notification dated 20th January 1979 for the 
periOd from 20th January 1979 upto 25th November 1981 and thereafter at the 
rate fixed in the Notification dated 26th November 1981. (1016 F-GJ 
ORIGINAL JURISDTCTION : Writ Petition (Criminal) No. 53 of 
1983. 
(Under Article 32 of the Constitution of India) 
J. Verghese for the _Petitioner. 
<4. K. Sanghi and D. Goburdhan for the Respondent. 
The Judgment of the Court was delivered by 
BHAGWA n, J. This writ petition has been filed on the· basis 
of a letter addressed by one Ram Kumar Misra, .President of Free 
Legal Aid Committee, Bhagalpur. This letter complained that the 
workmen employed i'n two ferries one at Bhagalpur and the other at 
Sulianganj-which were being operated by respondent No. 5 were 
not being paid minimum wages as prescribed by the relevant noti-
fication isrned under the Minimum Wages Act, 1948. The wages 
of the workmen employed in these two ferries were given- i!l the 
annexure-to the letter and the amount of the difference between 
what the petitioner claimed to be the minimum wage payable to the 
workmen and the actual wage paid to them, was' set out in the 
annexure. The letter was treated as a writ petition and by an· order 
dated 25th January, 1983, this Court issued notice on the writ 
petition and on Mr. Goburdhan, learned· Advocate, for the State 
of Bihar, waiving service of the notice, the District Magistrate, 
Bhagalpur and Ram Kumar Misra, the petitioner, were directed to 
to jointly carry out an inquiry into the various ave

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