Appeals Nos 288 291 of 1966
Appeals by special leave from the judgment and order dated December 7 1962 of the Assam High Court in First Appeals Nos 16 19 of 1967
P K Goswami and R Gopalakrishnan for the appellants in all the appeals
H R Gokhale Naunit Lal and B P Singh for respondent No1 in all the appeals
The Judgment of the Court was delivered by Mitter J
The central question in these appeals is whether the civil court had jurisdiction to entertain the suits and grant the reliefs claimed
The facts are as follows By a notification dated March 11 1952 the Governor of Assam fixed the minimum wages which were to come into force with effect from March 30 1952 consisting of basic wages and dearness allowance in terms of cl
i sub section
1 of section 4 of the  at the rates specified in the Schedule to the notification payable to the employees employed in tea plantations in the different districts of Assam
Under the notification the rates were to be exclusive of concessions enjoyed by the workers in respect of supplies of food stuff and other essential commodities and amenities which were to continue unaffected
Further the existing tasks and hours of work were to continue until further orders
The Schedule shows that the notification was to apply to ordinary unskilled labour which was again sub divided into three classes namely a adult male 16 years and above b adult and female 16 years and above and c working children below 16 years and above 12 years
The rates were again to be different in the different districts of Assam which were broadly speaking divided into three sections
On April 16 1952 the Government of Assam published the Minimum Wages Rules which fixed the number of hours in the case of an adult for a normal working day to nine hours subject to a maximum of 48 hours in a week On June 2 1953 the Deputy Commissioner of Lakhimpur served a notice on the manager of one 262 of the appellants Borhapjan Tea estate to the effect that the minimum wages prescribed had not been paid to a number of employees in accordance with the prescribed rate
The addressee was required to pay the outstanding amount of wages with the requisite amount of delayed compensation to the employees in conformity with section 203 of the and report compliance on or before the 10th of June 1953
The manager was further directed to show cause why prosecution should not be sanctioned for violation of the provision of the said Act
A list of the employees with their names was given showing 24 men labourers 58 women labourers and one girl labourer
Similar notices were issued to the managers of the other tea estates
The managers submitted written replies to the authority denying liability for payment of the amount claimed in the notice
By order dated June 2 1954 the above mentioned authority directed the different tea estates to pay the difference between the full minimum wages and the amounts actually paid to the labourers
It does not appear that the authority concerned held any inquiry or received any evidence beyond meeting the managers of the four tea estates at the premises of the Doom Dooma Club where the Government Labour Officer was also present
He however recorded an order dated June 2 1954 to the effect that the contention of the managements of the tea estates that the Lettera Challans who by reason of their old age infirmity and physical defects etc
were incapable of performing a full normal working day s work could not be accepted
According to the order the point for decision was whether a Lettera Challan worker was entitled to the same rate of wages as ordinary labour working full normal working days
From the order it appears that the authority concerned knew of the employment of this kind of sub normal workers by various tea estates but he held that in the absence of an order for exemption by the Government in terms of section 26 of the  he had to guide himself by the notification mentioned
He held further that under the Act and the Rules Lettera Challan labour in spite of the amount of work time or task rate performed by them was to be treated as ordinary labour entitled to wages for a full normal day
He therefore directed that the tea estates should pay the difference between the full minimum wages and the amount actually paid together with compensation which he fixed at three times the amount payable to each worker
The tea estates filed four separate suits for a declaration that the orders of the Deputy Commissioner Lakhimpur dated June 2 1954 were illegal and void and without jurisdiction and a further declaration that the employees mentioned sub normal workers were not entitled to full minimum wages without performing a normal day s task of without working the prescribed number of working hours
The Subordinate Judge framed a number of issues including one regarding the maintainability of the suits heard evidence and came to the conclusion that the decision or orders of the Deputy Com missioner were all final in terms of the and the suits were barred under the provisions of the Act
The 263 learned Judges of the High Court of Assam by a majority upheld the decision of the Subordinate Judge
The evidence of the managers of the tea estates was to the effect that in each tea garden there was a number of workers described as Lettera Challans who were unwilling to perform the normal tasks which were available to them as normal labourers that they worked for only half the day and were unwilling to work for the full day as other labourers
In order to determine whether a suit challenging the decision of the authority under the Act is maintainable or not it is necessary to take a note of the object of the Act and its provisions in general
The Act was clearly aimed at providing for fixing minimum rates of wages in certain employments which were defined as scheduled employments
An employee  meant any person who was employed for hire or reward to do any work skilled or unskilled manual or clerical in a scheduled employment in respect of which minimum rates of wages had been fixed
section 3 empowered the appropriate government to fix the minimum rates Of Wages payable to employees employed in an employment specified in Part I or Part II of the Schedule and in an employment added to either Part by notification under section 27
Under sub section
2 of section 3 Government might fix a minimum rate of wages for time work a minimum rate of wages for piece work a minimum rate of remuneration in the case of employees employed on piece work for the purpose of securing to such employees a minimum rate of wages on a time work basis and a minimum rate whether a time rate or a piece rate to apply in substitution for the minimum rate which would otherwise be applicable in respect of overtime work done by employees
The section also empowered the Government to fix different minimum rates in respect of different scheduled employments as also different classes of work in the same scheduled employment for adults adolescents children and apprentices as also for different localities
Under section 4 the minimum rate of wages fixed might consist of basic rate of wages and a special allowance at a rate to be adjusted or a basic rate of wages with or without the cost of living allowance
S12 made it obligatory on the employer to pay to every employee engaged in a scheduled employment Wages at a rate not less than the minimum rate of wages fixed by the notification
Under s13 it was open to the appropriate government to fix the number of hours of work which were to constitute a normal working day in regard to any scheduled employment
section 15 provided as follows If an employee whose minimum rate of wages has been fixed under this Act by the day works on any day on which he was employed for a period less than the requisite number of hours constituting a normal working day he shall save as otherwise hereinafter provided be entitled to receive wages in respect of work done by him on 264 that day as if he had worked for a full normal working day Provided however that he shall not be entitled to receive wages for a full normal working day i in any case where his failure to work is caused by his unwillingness to work and not by the omission of the employer to provide him with work and ii in such other cases and circumstances as may be prescribed
 section 20 with the marginal note claims is divided into seven subsections
Sub section
1 empowers the appropriate government to appoint a person of the qualifications mentioned to be the authority to hear and decide all claims arising out of payment of less than the minimum rates of wages
Sub section
2 provides for the application to the said authority for a direction under sub section
3 in all cases where an employee has any claim of the nature referred to in sub section
Such application may be made inter alia by the employee himself or any legal practitioner or any official of a registered trade union
Sub section
3 runs as follows When any application under sub section 2 is entertained the Authority shall hear the applicant and the employer or give them an opportunity of being heard and after such further inquiry if any as it may consider necessary may without prejudice to any other penalty to which the employer may be liable under this Act direct i in the case of a claim arising out of payment of less than the minimum rates of wages the payment to the employee of the amount by which the minimum wages payable to him exceed the amount actually paid together with the amount of such compensation as the Authority may think fit not exceeding ten times the amount of such excess  ii in any other case the payment of the amount due to the employee together with the payment of such compensation as the Authority may think fit not exceeding ten rupees and the Authority may direct payment of such compensation in cases where the excess or the amount due is paid by the employer to the employee before the disposal of the application
 Sub section
4 empowers the authority to levy a penalty not exceeding Rs 50 if he is satisfied that the application was either malicious or vexatious
Sub section
5 prescribes for the manner of recovery of the amount directed to be paid under the section
Under sub section
6 every direction of the Authority under this section shall be final
265 Sub section
7 clothes every Authority appointed under sub section
1 with the powers of a civil court under the Code of Civil Procedure for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents etc
section 24 contains an express provision for the bar of suits of certain kinds
It reads No Court shall entertain any suit for the recovery of wages in so far as the sum so claimed a forms the subject of an application under section 20 which has been presented by or on behalf of the plaintiffor b has formed the subject of a direction under that section in favour of the plaintiff or c has been adjudged in any proceeding under that section not to be due to the plaintiff or d could have been recovered by an application under that section
Under section 25 any contract or agreement by which an employee relinquishes or reduces his right to a minimum rate of wages etc is to be null and void
Sub section
1 of section 26 empowers the appropriate government subject to such conditions as it may think fit to impose to direct that the provisions of the Act shall not apply in relation to the wages payable to disabled employees
Our task is to ascertain whether the above provisions of the Act impose a bar on the institution of suits of the nature described in this case either expressly or impliedly
The question of maintainability of civil suits to challenge actions purported to have been taken under certain special statutes has engaged the attention of this Court in a number of cases in recent years as also of the Judicial Committee of the Privy Council before the establishment of this Court
Under section 9 of the Code of Civil Procedure the courts have jurisdiction to try all suits
of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred
In Secretary of State vs Mask  Co1 the question was whether the order of the Collector of Customs on an appeal under section 188 of the Sea Customs Act from a decision or an order passed by an officer of Customs as to rate of duty leviable under a tariff excluded the jurisdiction of the civil court to entertain a challenge on the merits of the decision of the Officer of Customs
It was pointed out that the determination of the question depended on the terms of the particular statute under construction and decisions on other statutory provisions were not of material assistance except in so far as general principles of construction were laid down
The Board relied upon the exposition of law by Willes J in Wolverhampton New Waterworks Co vs Hawkesford2 that where a liability not existing at common law is created by a statute which at the same time gives a special and particular remedy for enforcing it 1 67 IA 222 237
2  266 the party must adopt the form of remedy given by the statute
section 188 of the Sea Customs Act was one of a number of sections contained in Chapter XVII of the Act headed Procedure relating to offences appeals etc and included sections 169 to 193
section 182 provided for liability to confiscation or increased rates of duty in certain cases
section 188 laid down that any person deeming him self aggrieved by any decision or order passed by an officer of Customs under the Act may within three months from the date of such decision or order appeal therefrom to the Chief Customs Authority or in such cases as the Local Government directs to any officer of Customs not inferior in rank to a Customs Collector and empowered in that behalf by name or in virtue of his office by the Local Government
Such officer or authority may thereupon make such further enquiry and pass such order as he thinks fit confirming altering or annulling the decision or order appealed against and every order passed in appeal under this section was to be subject to the power of revision conferred by section 191 final
According to the Judicial Committee sections 188 and 191 contain ed a precise and self contained code of appeal in regard to obligations which were created by the statute itself and it enabled the appeal to be carried to the supreme head of the executive government
The Board observed It is difficult to conceive what further challenge of the order was intended to be excluded other than a challenge in the civil courts The well known dictum of this judgment to be found at p 236 is that the exclusion of the jurisdiction of the civil courts is not to be readily inferred but such exclusion must either be explicitly expressed or clearly implied and even if jurisdiction was excluded the civil courts would still have jurisdiction to examine into cases where the provisions of the Act had not been complied with or the statutory tribunal had not acted in conformity with the fundamental principles of judicial procedure
In Pyx Granite Co Ltd vs Ministry of Housing and Local Government1 Viscount Simonds observed It is a principle not by any means to be whittled down that the subject s recourse to Her Majesty s courts for the determination of his rights is not to be excluded except by clear words In Raleigh Investment Co Ltd vs Governor General in Coun cil2 where the plaintiff appellant had filed a suit claiming a declaration that certain provisions of the Indian Income tax Act purporting to authorise the assessment and charging to tax of a non resident in respect of dividends declared or paid outside British India but not brought into British India were ultra vires the legislative powers of the Federal Legislature and for repayment 1  286
2 74 IA 50 62
267 of the sums mentioned the Judicial Committee observed while dismissing the appeal that In construing the sections it is pertinent in their Lordship s opinion to ascertain whether the Act contains machinery which enables an assessee effectively to raise in the courts the question whether a particular provision of the Income tax bearing on the assessment made is or is not ultra vires
The presence of such machinery though by no means conclusive marches with a construction of the section which denies an alternative jurisdiction to inquire into the same subject matter The Judicial Committee examined the different provisions of the Indian Income tax Act in some detail including section 67 of the Act and came to the conclusion that as the machinery provided by the Act could be effectively adopted by the assessee complaining of ultra vires assessment jurisdiction to question the assessment otherwise than by use of the machinery expressly provided by the Act would appear to be inconsistent with the statutory obligation to pay arising by virtue of the assessment
 It must be noted at once that the above extreme proposition of law has not found favour here
This Court was not prepared to accept the dictum in the judgment to the effect that even the constitutional validity of the taxing provision would have to be challenged by adopting the procedure prescribed by the Income tax Act see Firm and Illuri Subbayya Chetty  Sons vs The State of Andhra Pradesh1
In this case the Court had to examine whether section 18 A of the Madras General Sales Tax Act 1939 excluded the jurisdiction of civil courts to set aside or modify any assessment made under the Act
section 18 A there provided that no suit or other proceeding shall except as expressly provided in this Act be instituted in any court to set aside or modify any assessment made under this Act
It was common ground that there was no express provision made in that Act under which the suit could be said to have been filed
It was there emphasised that    while providing for a bar to suits in ordinary civil courts in respect of matters covered by section 18 A the legislature has taken the precaution of safeguarding the citizens  rights by providing for adequate alternative remedies
Section 11 of the Act provides for appeals to such authority as may be prescribed section 12 confers revisional jurisdiction on the authorities specified by it section 12 A allows an appeal to the appellate Tribunal section 12 B provides for a revision by the High Court under the cases specified in it section 12 C provides for an appeal to the High Court and section 12 D lays down that petitions applications and appeals to High Court should be heard by a Bench of not less than two Judges
It could thus be seen that any dealer who 1   760 268 is aggrieved by an order of assessment passed  in respect of his transactions can avail himself of the remedies provided in that behalf by these sections of the Act
It is in the light of these elaborate alternative remedies provided by the Act that the scope and effect of section 18 A must be judged
 In Kala Bhandar vs Municipal Committee1 a suit for refund of excess tax purported to be recovered under the Central Provinces and Berar Municipalities Act 2 of 1922 this Court examined the principles laid down in the above cases and said Further one of the corollaries flowing from the principle that the Constitution is the fundamental law of the land is that the normal remedy of a suit will be available for obtaining redress against the violation of a constitutional provision
The court must therefore lean in favour of construing a law in such a way as not to take away this right and render illusory the protection afforded by the Constitution
 The Court found that there was no machinery provided by the Act for obtaining a refund of tax assessed and recovered in excess of the constitutional limit and that the machinery actually provided by the Act was not adequate for enabling an assessee to challenge effectively the constitutionality or legality of assessment or levy of a tax by a municipality or to recover from it what was realised under an invalid law
In Kamala Mills Ltd vs State of Bombay2 this Court had to examine the question whether a suit filed by the Mills challenging assessments made under the Bombay Sales Tax Act 1946 was barred under the provisions of section 20
The said section read as follows Save as is provided in section 23 no assessment made and no order passed under this Act or the rules made thereunder by the Commissioner or any person appointed under section 3 to assist him shall be called into question in any civil court and save as is provided in sections 21 and 22 no appeal or application for revision shall lie against any such assessment or order
 After examining the various sections of the Act including section 5 the charging section section 10 imposing an obligation on dealers to make returns section 11 dealing with the assessment to tax and the procedure to be followed in respect thereof section 11 A dealing with turnover which had escaped assessment and the right to prefer an appeal and a revision under sections 21 and 22 of the Act the Court said It would thus be seen that the appropriate authorities have been given power in express terms to examine the 1  2   75
269 returns submitted by the dealers and to deal with the question as to whether the transactions entered into by the dealers are liable to be assessed under the relevant provisions of the Act or not
In our opinion it is plain that the very object of constituting appropriate authorities under the Act is to create a hierarchy of special tribunals to deal with the problem of levying assessment of sales tax as contemplated by the Act
If we examine the relevant provisions which conferred jurisdiction on the appropriate authorities to levy assessment on the dealers in respect of transactions to which the charging section applies it is impossible to escape the conclusion that all questions pertaining to the liability of the dealers to pay assessment in respect of their transactions are expressly left to be decided by the appropriate authorities under the Act as matters falling within their jurisdiction
Whether or not a return is correct whether or not transactions which are not mentioned in the return but about which the appropriate authority has knowledge fall within the mischief of the charging section what is the true and real extent of the transactions which are assessable all these and priate authorities themselves 
The whole activity of assessment beginning with the filing of the return and ending with an order of assessment falls within the jurisdiction of the appropriate authority and no part of it can be said to continue a collateral activity not specificallyand expressly included in the jurisdiction of the appropriate authority as such
 it was in the light of these provisions of the Act that section 20 had to be examined and this Court held that the words used were so wide that even erroneous orders of assessment made would be entitled to claim its protection against the institution of a civil suit see 1966 1 SCR at page 78
To quote the words of the judgment itself  In every case the question about the exclusion of the jurisdiction of civil courts either expressly or by necessary implication must be considered in the light of the words used in the statutory provision on which the plea is rested the scheme of the relevant provisions their object and their purpose
 The Court further said Whenever it is urged before a civil court that its jurisdiction is excluded either expressly or by necessary implication to entertain claims of a civil nature the court naturally feels inclined to consider whether the remedy afforded by an alternative provision prescribed by a special 270 statute is sufficient or adequate
In cases where the exclusion of the civil courts  jurisdiction is expressly provided for the consideration as to the scheme of the statute in question and the adequacy or sufficiency of the remedies provided for by it may be relevant but cannot be decisive
But where exclusion is pleaded as a matter of necessary implication such considerations would be very important and in conceivable circumstances might even become decisive
If it appears that a statute creates a special right or a liability and provides for the determination of the right and liability to be dealt with by tribunals specially constituted in that behalf and it further lays down that all questions about the said right and liability shall be determined by the tribunals so constituted it becomes pertinent to enquire whether remedies normally associated with actions in civil courts are prescribed by the said statute or not
The relevance of this enquiry was accepted by the Privy Council in dealing with section 67 of the Income Tax Act in Raleigh Investment Co s case1 and that is the test which is usually applied by all civil courts
 We may also note the case of K section Venkataraman  Co vs State of Madras2 where the above authorities were again examined at some length
Here too the main question was whether the suit was not maintainable under section 18 A of the Madras General Sales Tax Act 1939
It was held by a majority of this Court that the validity of an order by an authority acting under the provision of a statute which was ultra vires would be open to challenge in a civil court
Referring to the case of Firm Radha Kishan Deceased represented by Hari Kishan vs Administrator Municipal Com mittee Ludhiana3 it was said that  a suit in a civil court will always lie to question the order of a tribunal created by a statute even if its order is expressly or by necessary implication made final if the said tribunal abuses its power or does not act under the Act but in violation of its provisions
 There can be no question in this case that the minimum Wages Act cuts across the contract between the employer and the employee and wherever applicable the employer is obliged to pay the minimum wages or take the consequences of failure to pay it
Any employee who feels himself aggrieved by the refusal of the employer to pay the minimum wages fixed under the Act has the right to make a complaint either by himself or through the prescribed agents to the Authority mentioned in the Act
Under sub section
3 of section 20 the Authority has to hear the applicant and the employer or give them an opportunity of being heard and could straightaway give a direction as regards the alleged non payment 1 IA 50
2  3  271 of the minimum rates of wages and such compensation as he thinks fit not exceeding ten times the amount of the excess of the minimum wages over that which was paid
It is true that the sub section provides for a further inquiry but such inquiry is to be at the discretion of the authority
The nature and scope of the inquiry would depend on the exact controversy raised in the case
If it be of a trivial nature the tribunal can probably deal with it in a summary manner but where it is alleged that the notification under the Act is not applicable to a certain class of workers it is the duty of the authority to give a proper hearing to the parties allowing them to tender such evidence as they think proper before making an order which may have far reaching consequences
The authority in this case instead of recording any evidence and properly hearing the matter disposed of it in a perfunctory manner which could hardly be called a hearing
As a matter of fact the only inquiry which took place in this case was a very informal one in the premises of the Doom Dooma club for the space of half an hour or so when the Authority had a talk with the managers of the tea estates
There is no provision for appeal or revision against the direction of the Authority although he may levy a penalty to the extent of ten times the amount by which the minimum wages overtop the payment actually made
Whatever he says is the final word on the subject
All this can but lead to the conclusion that section 20 was not aimed at putting a seal on the adjudication if any under it
It was to be of a nature which suited the discretion of the officer concerned although he was given the powers of a civil court in certain respects
In such a situation it is impossible to hold that the legislature meant to exclude the jurisdiction of civil courts to go into the question of non payment of minimum wages claimed as final
In our opinion sub section
6 of section 20 merely shows that the discretion of the Authority could not be questioned under any provision of the Act
It does not exclude the jurisdiction of the civil court when the challenge is as to the applicability of the Act to a certain class of workers
It is pertinent to note that section 24 of the Act creates an express bar in respect of a particular kind of suits namely suits for recovery of wages in certain eventualities
The obvious intention was that a poor employee was not to be driven to fit a suit for the payment of the deficit of his wages but that he could avail himself of the machinery provided by the Act to get quick relief
It does not in terms bar the employer from instituting a suit when his claim is that he has been called upon to pay wages and compensation to persons who are not governed by the notification under the 
On an analysis of the provisions of the Act we find 1 suits of the nature to be found in this case are not expressly barred by the Act 2 there is no provision for appeal or revision from the direction of the authority given under section 203 of the Act and 3 the authority acting under section 203 might levy a penalty which might be as high as ten times the alleged deficit of payment which 272 again is not subject to any further scrutiny by any higher authority
In view of our findings as above as also the fact that the authority in this case disregarded the provision as to hearing and inquiry contained in the Act for all practical purposes we hold that the civil court had jurisdiction to entertain the suits
The question next arises as to whether the plaintiff s made out any case for relief
In our view the plaintiffs were clearly entitled to relief
The notification dated March 11 1952 was clearly applicable only to ordinary unskilled labour
The word ordinary  has in our opinion some significance
It means usual not exceptional
In other words ordinary unskilled labour must mean unskilled labour prepared to work and working in the ordinary way
If under r 24 of the rules framed under this Act the period of work is fixed at nine hours a day a labourer who cannot work for more than half of it does not fall within the category of ordinary unskilled labour
A lettera challan cannot work due to his incapacity old age infirmity etc
According to  the evidence of the managers of the tea gardens they were unwilling to work for more than half the day because of their physical condition
It was due to their want of physical strength to work for nine hours a day and not the inability or unwillingness of the employer to find employment for them for a full day
Take for instance the facts in Pabbojan Company s case
According to the evidence of its manager the labour force in the estate consisted of 1650 labourers while the number of sub normal workers was 83 before March 30 1952
It cannot be suggested that if the tea garden could provide work for 1567 labourers working nine hours a day it could not do so for an additional number of 83 persons
As the manager said these persons were unwilling to perform the normal tasks which were available to them as normal labourers
The manager also said that lettera challans sub normal workers always go off at 11 or 12 midday
Take again the evidence of Bairagi a worker of the Rupai Tea Estate
He said that some years before he was examined in court he used to work as a carpenter
As a result of a fall from a house he had pain on his chest and approached the doctor and requested him to enter his name as lettera challan
He frankly admitted that he got into lettera challan because he could not complete the full task
The evidence of the managers and of this the only witness on this point on behalf of labour establishes beyond doubt that lettera challan could not work a full day and as such they were not ordinary unskilled labour
As such their case would be covered by the proviso to section 15 and they would not be entitled to receive wages for a full normal working day because of their unwillingness to work
It does not matter whether some of the lettera challans could also be said to be disabled employees who would come within the purview of section 261 of the Act
From the evidence of the managers it is clear that the system of lettera challans had been in force for very many years
The record does not show nor are we in a position to guess why an exception was not made in their case in the notification
But 273 even in the absence of any mention of lettera challans in the notification sub normal workers who are unwilling to work for more than half a day are not entitled to receive what ordinary unskilled labourers working nine hours a day get
The object of the Act is to ensure some sort of industrial peace and harmony by providing that labour cannot be exploited and must at least be provided with wages which are fixed at certain minimum rates
It would go against such a principle if the courts were to uphold that persons who cannot work for more than half a day should receive what others working a full day get
However that is a matter which the appropriate government may consider
We therefore hold that the orders of the defendant No 1 dated June 2 1954 were not binding on the plaintiffs appellants
We declare that the subnormal workers of the tea estates commonly known as Lettera challans were not entitled to full minimum wages without performance of a normal day s task or without working the prescribed number of hours
We also direct a perpetual injunction to issue against the defendant No 1 restraining him from enforcing the orders dated June 2 1954
The appeals are therefore allowed  and the decrees passed by the Subordinate Judge and the High Court of Assam are set aside
There will be no order as to costs
YP Appeals allowed


Summary:
By a notification under the minimum wages were fixed for ordinary unskilled labour  in certain Tea Plantations in Assam
The respondent Deputy Commissioner issued notices to the appellants that a number of employees were not paid in accordance with the prescribed rate and required them to pay the outstanding wages with requisite amount of delayed compensation to the employees in conformity with section 203 of the Act
The appellants denied the liability stating that these employees were Lettera Challan workers who were incapable of performing a full normal working day s work so they were not ordinary unskilled labour 
The authority did not hold any enquiry or receive any evidence beyond meeting the managers of the appellants where the Government Labour Officer was present and it held that in the absence of an order of exemption under section 26 Lettera Challan Labour in spite of the amount of work performed was to be treated as ordinary labour
The appellants filed civil suits which the Subordinate Judge dismissed holding that under the the orders of the Authority
were final and suits were barred
The High Court upheld the decision of the Subordinate Judge
Held The appeals must be allowed Determination of the question whether the jurisdiction of civil courts is excluded or not depends on the terms of the particular statute under construction
Exclusion of jurisdiction is not to be readily inferred but such exclusion must either be explicitly expressed or clearly implied
On an analysis of the provisions of the Act under consideration it is clear that although the Act provides that it is the duty of the authority to give proper hearing to the parties  allowing them to tender such evidence as they think proper before making an order which may have far reaching consequences and which is final under section 206 of the Act the Act is not a complete Code as there no provision for appeal or revision from the direction of the authority under section 203 nor is any further scrutiny provided by any higher authority against the imposition of penalty
The Act in terms does not bar the employer from instituting a suit when his claim is that he has been called upon to pay wages and compensation to persons who are not governed by the notification under the Act
In such circumstances it is impossible to hold that the legislature meant to exclude the jurisdiction of civil court
265B 266E F 271E 271H 272H Secretary of State vs Mask  Co 67 IA 222 Wolverhampton New Water Works Co vs Hawkesford   Pyx Granite Co Ltd vs Ministry of Housing and Local Government  Raleigh Investment Co Ltd vs Governor General in Council 74 IA 50 Firm and Illuri Subbayya Chetty  Sons vs The State of Andhra Pradesh   Kala Bhandar vs Municipal 260 261 Committee   Kamala Mills Ltd vs State of Bombay   K section Venkataraman  Co vs State of Madras  and Firm Radha Kishan deceased represented by Hari Kishan vs Administrator Municipal Committee Ludhiana   referred to Lettera Challan workers do not fall within the expression Ordinary unskilled workers which means such unskilled workers as work for the prescribed period of a full day
On the evidence adduced it is clear that the lettera challan labour only works for half the day and is unwilling to work for the prescribed period of full day
Such a case is covered by the proviso to section 15 and such labour is not entitled to wages for a full normal working day
272F G