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Industrial relations Case No. 222 of 1970, decided on 14th November 1970:

S. 34 [as amended by Industrial Relations (Amendment) Ordinance (XIX of 1970)] ‑ Minimum wages ‑ Payment of ‑ Workers employed in establishment 50 of more ‑ Application praying for direction to employer to pay minimum wages and arrears allowed.

This is an applica tion under section 34 of the Industrial Relations Ordinance, 1969, hereinafter referred to as the Ordinance, fox directing the second party to pay the difference between the minimum wages and the existing wages to the workers for the months of July and August 1969.

The case of the first party is that the second party's establishment engages more than 50 workers. Even then the second party did not at first give the minimum wages as per the Minimum Wages Ordinance, 1969. Ultimately due to the persuation of the Director of Labour they started giving minimum wages with effect from 1‑9‑69. They did not pay the difference of minimum wages and the existing wages for the months of July and August 1969.

The second party entered into appearance and raised some objections which have become nul and void due to the recent amendment of section 34 of the Ordinance. The only factual objection is that they engage less than 50 workers. S

Point for determination is whether the first party is entitled to get the relief prayed for.

Minimum wages have been prescribed by the Minimum Wages Ordinance, 1969 at the rate of Rs. 125'00 to ordinary workers in urban areas. Admittedly the second party's establishment is located in urban area that is, Tejgaon Industrial area, Dacca. Therefore, the workers engaged in the second party firm, if the number of workers be 50 or more, should get Rs. 125'00 per month as minimum wages. The second party denied that they have 50 workers or more in their establishment. But it appeal's from the submission of the first party in paragraph 2 of the plaint that the second party, after a persuation by the Deputy Director of Labour, Dacca, started giving minimum wages to the workers with effect from 1‑9‑69. In the Court also the second party' representative could not put up any strong plea that they have not engaged 50 workers or more in their factory. So this ground forwarded by them in their written objection falls fiat. The sect end party is bound to give minimum wages to the worker in their establishment as the number of workers engaged there is 50 or more. So they should pay the difference between the existing wages and the minimum wages to the workers for the months of July and August 1969.

Hence my award is that the second party be directed to pay the, difference of minimum wages and the wages already given to all their workers for the months of July and August 1969, within 30 days of passing this award.

I have consulted the opinion of the Members in arriving at this decision.

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