tition Criminal No 53 of 1983
Under Article 32 of the Constitution of India J Verghese for the Petitioner
A K Sanghi and D Goburdhan for the Respondent
The Judgment of the Court was delivered by BHAGWATI 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 in two ferries one at Bhagalpur and the other at Sultanganj which were being operated by respondent No 5 were not being paid minimum wages as prescribed by the relevant notification issued under the 
The wages of the workmen employed in these two ferries were given in 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 jointly carry out an inquiry into the various averments made in the writ petition and submit a report within two weeks from the date of the order
The direction for holding an inquiry was given by us because we wanted to satisfy ourselves whether there was a prima facie case to proceed further with the writ petition
Pursuant to the order made by us the District Magistrate Bhagalpur and the petitioner conducted a joint inquiry into the various averments made 1013 in the writ petition and they finally submitted a report dated 23rd February 1983 stating that in their opinion in the light of the material gathered at the inquiry the ferries operated by respondent No 5 at Bhagalpur and Sultanganj were establishments to which the applied since they fell within Entry 27 in the Schedule to the Act and respondent No 5 was therefore liable to pay minimum wage to the workmen employed in the two ferries with effect from 20th January 1979 that being the date when the notification issued under section 31 a of the was amended so as to make the minimum wage applicable to employment in any shop or establishment other than that covered under any of the other entries in this Schedule
 We may point out that there was also one other complaint in the writ petition namely that the workmen were made to work as bonded labourers but his complaint was not found to be correct by the District Magistrate Bhagalpur and the petitioner in the Report made by them
When the report was received by this Court copies thereof were supplied to the learned Advocates appearing on behalf of the parties
Respondent No 5 who was joined as respondent to the writ petitions on an application made by him and who appeared at the hearing of the writ petition disputed the correctness of the report made by the District Magistrate Bhagalpur and the petitioner
It is not necessary for us for the purpose of the present writ petition to go into the question whether the facts stated in the report are correct or not because as we have stated above the report was called for by us for the purpose of satisfying ourselves that there was a prima facie case for respondent No 5 to meet
The only question which was raised before us and argued vehemently on both sides was whether the applied at all to the Bhagalpur and Sultanganj ferries owned by respondent No 5
argument of respondent No 5 was that the had no application to these two ferries since they did not fall within any of the entries in the Schedule to the Act whereas on the other hand both the petitioner and the State Government argued that the Act applied to these two ferries because they were establishments within Entry 27 of the Schedule to the Act
These rival contentions raised a short question of construction of the relevant provisions of the and the notifications issued under that Act
1014 The provides for fixation of Minimum rates of wages in certain employments
31 a provides that the appropriate Government shall fix the minimum rates of wages payable to employees employed in an employment specified in or of the Schedule
Sub section IA of Section 3 enacts that Notwithstanding anything contained in sub sec
1 the appropriate Government may refrain from fixing minimum rates of wages in respect of any scheduled employment in which there are in the whole state less than 1000 employees engaged in such employment
 It is obvious that sub sec
IA of sec
3 does not preclude the appropriate Government from fixing minimum rates of wages in respect of any scheduled employment even if there are in the whole State less them 1000 employees engaged in such employment
It merely empowers the appropriate Government to refrain from fixing minimum rates of wages in respect of such employment
Leaving it open to the appropriate Government to fix minimum rates of wages in respect of such employment if it so thinks fit
The Schedule to the Act lists various employments in respect of which minimum rates of wages can be fixed by the appropriate Government
Mr Verghese learned Advocate appearing on behalf of the petitioner relied on Entry 6 of the Schedule which reads Employment under any local authority but we do not think any reliance can be placed upon it because in the present case the workmen on whose behalf claim of minimum wages has been made are not employed under any local authority
Respondent No 5 who is the employer of the workmen employed in the Bhagalpur and Sultanganj ferries is not a local authority he is merely a lessee of the tolls of public ferry
Entry 6 in the schedule can therefore have no application in the present case but there is Entry 27 in the Schedule which helps the petitioner
This Entry prior to its amendment by the State Government on 25th November 1978 read as follows 27
Employment in Shops and Establishments registered under the Bihar Shops and Establishments Act 1953 other than those covered under any of the other entries in this Schedule
 The Bhagalpur and Sultanganj ferries were not establishments registered under the Bihar Shops and Establishments Act 1953 and prima 1015 facie they would not therefore be covered by Entry 27 as it stood prior to 25th November 1978
But Entry 27 was amended to enlarge its scope and the amended Entry ran as follows 27
Employment in any Shop or establishment other than that covered under any of the other entries in this Schedule
 The State Government thereafter issued a Notification dated 20th January 1979 in exercise of the powers conferred under sec
31 a of the amending an earlier Notification dated 25th June 1975 under which rates of minimum wages were fixed for different categories of employees employed in shops and establishments registered under the Bihar Shops and Establishments Act 1953 other than those covered under any of the other entries in the Schedule and by this amendment the words Employment in Shops and establishments registered under the Bihar Shops and Establishments Act 1953 other than those covered under any of the other entries in this Schedule were substituted by the words Employment in any shop or establishment other than that covered under any of the other entries in this Schedule
 The object of the amendment was to make the Notification dated 25th June 1975 applicable in relation to employment in any shop or establishment other than that covered under any of the other entries in the Schedule so as to bring it in line with the amended Entry 27 in the Schedule
Now it is clear from the Explanation to the amended 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 we must therefore look at the definition of establishment as given in the Bihar Shops and Establishments Act 1953 in order to determine as to whether the Bhagalpur and Sultanganj ferries could be said to be establishments within the meaning of the amended Entry 27
The word establishment is defined in sec
26 of the Bihar Shops and Establishments Act 1953 to mean an establishment which carries on any business trade or profession or any work in connection with or incidential or ancillary to any business trade or profession
Now it can hardly be disputed that the Bhagalpur and Sultanganj ferries are establishments which carry on business or trade of plying ferries across the Ganges and they are clearly within the meaning of the word establishment in sec
26 1016 of the Bihar Shops and Establishments Act 1953 and consequently they would also be establishments within the meaning of that expression as used in the amended Entry 27
The would therefore clearly be applicable to employment in the Bhagalpur and Sultanganj ferries
Since the Notification dated 25th June 1975 as amended by the Notification dated 20th January 1979 fixed rates of minimum wages for different categories of employees employed in any establishment which would cover the Bhagalpur and Sultanganj ferries there can be no doubt that the workmen employed in these two ferries were entitled to receive minimum wages as laid down in the Notification dated 25th June 1975 read with the Notification dated 20th January 1979 with effect from the date of latter notification
It appears that a further Notification was issued by the State Government on 26th November 1981 in exercise of the powers conferred under sec
31 read with sec
52 of the revising the minimum rates of wages for different categories of employees employed in any shop or establishment other than that covered under any of the other entries in the Schedule
This Notification came into force with effect from 26th November 1981
The workmen employed in Bhagalpur and Sultanganj ferries were therefore entitled to the revised minimum wage as set out in the Notification dated 26th November 1981 with effect from that date
We accordingly reach the conclusion that the workmen employed in the Bhagalpur and Sultanganj ferries were entitled to receive minimum wage as set out in the Notification dated 25th June 1975 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
The question however remains whether the workmen were paid wages at these minimum rates
Since there is a dispute between the parties in regard to this question the argument of the petitioner being that the workmen were not paid wages at these minimum rates while the contention of respondent No 5 being that they where so paid it becomes necessary to give directions for the purpose of determining whether the workmen employed in these two ferries were paid wages at these minimum rates with effect from 20th January 1979
We would therefore direct the Labour Department of the Government of Bihar to intimate to the petitioner as to which 1017 is the appropriate authority under the Minimum wages Act 1948 for adjudicating upon the claims of the workmen employed in these two ferries for arrears of minimum wage
The appropriate authority will by adopting suitable means including the giving of publicity invite the workmen to file their claims for arrears of minimum wage and not only the workmen will be entitled to file their claims but the petitioner who has moved this court will also be at liberty to file claims on behalf of the workmen for arrears of minimum wage
The appropriate authority will inquire into all such claims which may be filed before it by or on behalf of the workmen and determine after giving full opportunity to respondent No 5 of being heard in the matter whether any and if so what arrears of minimum wage in the light of this judgment remain to be paid by respondent No 5 to the workmen employed in these two ferries
The workmen will be entitled to appear before the appropriate authority either personally or through their agent or advocate and the petitioner will also be at liberty to appear before the appropriate authority on behalf of the workmen
If any amount is determined by the appropriate authority to be payable by respondent No 5 to any of the workmen in respect of the arrears of minimum wage respondent No 5 is directed to make payment of the same within one month from the date of the order of the appropriate authority
The appropriate authority will carry out the directions given by us and complete the assignment entrusted to it within six months from today
We would also direct respondent No 5 to pay to the workmen employed in these two ferries minimum wage at the rate fixed under the Notification dated 26th November 1981 or at such other revised rate or rates as may be fixed from time to time
So far as the costs of the writ petition are concerned since the petitioner has come to this Court for the purpose of vindicating the rights of poor workmen he we would direct the State of Bihar to pay to the petitioner a sum of Rs 2000 by way of costs
HSK Petition allowed


Summary:
The petitioner complained that the workmen employed in the two ferries one at Bhagalpur and the other at Sultanganj operated by respondent No 5 were not being paid minimum wages as prescribed by the relevant notifications issued by the State of Bihar under the 
Respondent No 5 contended that the was not applicable to these two ferries
Allowing the writ petition  HELD The Schedule to the lists various employments in respect of which minimum rates of wages can be fixed by the appropriate Government
Entry 27 of the Schedule which dealt with employment in shops and establishments registered under the Bihar Shops and Establishments Act 1953 was amended on 25111978 to enlarge its scope to cover employment in any shop or establishment other than that covered under any of the other entries in the Schedule
It is clear from the Explanation to the amended 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 must therefore look at the definition of establishment as given in the Bihar Shops and Establishments Act 1953 in order to determine as to whether the Bhagalpur and Sultanganj ferries could be said to be establishments within the meaning of the amended Entry 27
The word establishment is defined in see
26 of Bihar 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 or ancillary to any business trade or profession
Now it can hardly be disputed that the Bhagalpur and Sultanganj ferries are establishments which carry on business or trade of plying ferries across the Ganges and they are clearly within the meaning of the word establishment in sec
26 of the Bihar Shops and Establishments Act 1953 and consequently they would also be establishments within the meaning 1012 of that expression as used in the amended Entry 27
The would therefore clearly be applicable to employment in the Bhagalpur and Sultanganj ferries
1014 D G H 1015 A B G H 1016A The workmen employed in the Bhagalpur and Sultanganj ferries were entitled to receive minimum wage as set out in the Notification dated 25th June 1975 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 G