Case: Labour Inspector (Central), Hyderabad Vs. Chittapore Stone Quarrying Company Private Limited &amp; Others

1. This appeal by certificate, granted by the High Court of Mysore, raises an interesting point, as to whether quarrying of Shahabad stone is an activity which could be properly described as "stone-breaking or stone-crushing", mentioned in the Schedule tothe Minimum Wages Act, 1948.      2. By notification issued by the appropriate Government underthe Minimum Wages Act, 1948, minimum wages were fixed for those employed in stone-breaking or stone-crushing in Gulbarga District. The Appellant-Inspector was of the view that respondent No. 1 Chittapore Stone Quarrying Company (Pvt.) Ltd., Chittapur, which was quarrying a variety of stone called Shahabad Stone in Chittapur, District Gulbarga, was engaged in the activity of stone-breaking and stone-crushing, and since respondent No. 1 was in breach of some of the provisions ofthe Minimum Wages Act, 1948, and the rules made thereunder, he adopted proceedings to enforce the provisions in the Court of the Munsif Magistrate, Chittapur, respondent No. 3. Respondent No. 1, thereupon, filed a writ petition for quashing the proceedings (Writ Petition No. 1860 of 1965) in the Mysore High Court alleging, inter alia, that the provisions of the Minimum Wages Act did not apply to the particular activity in which it was engaged because, in its submission, the activity was not one of stone-breaking of stone-crushing but of mining limestone slabs. The High Court held, that the process of removing Shahabad stone, involved breaking and crushing, but it was also of the view, that what was broken or crushed was not really stone, but a substance which very nearly approximated to a mineral. In the view, it quashed the proceedings before the Munsif Magistrate.      3. The activity in which respondent No. 1 is engaged is described as follows :"The earth which varies in depth from place to place over the limestone layers is removed by manual labour. This work of removing the soil is known as earth work. The thin limestone layers from which the flooring stones are cut into regular sizes and which is the main object of mining by us are reached after removing some thick layers of limestone over these think layers. The removal of the over burden of earth and thick layers of limestone is incidental to the mining operations conducted by us. The main operation of our mining is to bare open the thin layers of limestone and cut them into regular sizes. It is submitted that no stone-breaking or stone-crushing operations are carried on in our mines."

Reasoning:
7. All the above categories of rocks are generally found in two varieties - stratified and non-stratified. When rock is found in thin layers one over the other, it is known as stratified. Where it is not so found it is non-stratified. Commercial exploitation of these two varieties is distinct. Non stratified rock, which is found in abundance in quarries or otherwise, yields to profitable exploitation by breaking and crushing into smaller irregular fragments. The rarer stratified stone is much more valuable as it is found in layers which are skilfully removed to give large dimensional slabs. In the first case, there is generally blasting with the help of explosives. In the second blasting is avoided as it will cause damage to the layers. The end product in both is used for construction mostly in buildings and roads. In limestone, as in all stone, suitable stratified layers are commercial exploited for dimensional quarrying by a very skillful process. The product, namely, the slab after being polished is used for flooring, facing and the like. Quarrying of Shahabad stone with which we are concerned is of his type. The other kind of limestone, that is to say, non-stratified limestone is suitable for being broken and crushed into smaller fragments and it has its commercial use in building construction, manufacture of cement and the like. Stone-breaking and stone-crushing in relation to limestone is, therefore, that activity in which non-stratified limestone, recognised as rock, is broken or crushed into irregular fragments or sizes and then marketed or otherwise used. The more valuable and rarer stratified limestone which is suitable for use as dimension stone is not the stone commercially exploited for breaking and crushing. Hence the employment of quarrying Shahabad stone is not the same as the scheduled employment ofstone-breakingorstone-crushing referred to in Item 8 of the Schedule to the Minimum Wages Act. Consequently the minimum wages fixedr theemployment ofstone-breakingand stone-crushing will not apply to the operation of quarrying Shahabad stone which is the main activity of respondent No. 1. The High Court was,, right in quashing the proceedingsunderthe Minimum Wages Actand the appeal must be dismissed. The appellant shall pay the costs of respondent No. 1.Per K. K. Mathew, J. (dissenting) - The facts have already been stated. It is,10. But counselr the1st respondent contended that quarrying operation in extracting limestone does not involvestone-breakingorstone-crushing. He contended that only a restricted meaning can be given to the, that breaking a pieceg to size from a large block of rock by a sharp weapon would not be"stone-crushing", and that it is only when rock is blown up by a dynamiteorbroken by a sledge hammerorother blunt instrument that the process can be called"stone-crushing". In other, the contention was, if rock is broken to pieces by cutting with a sharp weapon, that would not involve"stone-crushing". This, I think, is too metaphysical a distinction to bed in the construction of Item 8 of the Schedule. Looking at the object of the Act, I do not think that the distinction between cutting rock into pieces by a sharp instrument and breaking it into pieces by an instrument like a hammer, though fine from a meticulous linguistic standpoint, would be rational from the purposive approach. Both processes involve. I agree with the High Court when it said :".... we do not see why stripping open thin layers of Shahabad stone and cutting them to regular sizes, which are the main operations, should not be regarded asstone-breakingorstone-crushing in a quarry so as to bring it within the ambit of Item 8 in the Schedule. Consequently, we are unable to accept the contention of Mr. Sreenivasa Murty that no stonebreakingorstone-crushing operations are involved in quarrying of Shahabad stonesorthat such operations are incidental and not the main operations ....."11. In State of Maharashtra v. Mohanlal Devichand Shah, [1965 - II L.L.J. 157]; (1965) 3 S.C.R. 461, at pp. 465-466; Sikri J., as he then was, speakingr thecourt, quoted with approval the following passage from Madhya Pradesh Mineral Industry Association v. The Regional Labour Commissioner, Jabalpur and others, [1960 - II L.L.J. 254]; (1960) 3 S.C.R. 476 :"When we speak ofly we refer to stone in the sense of piece of rock and that would exclude manganese. Employment instone-crushing in this sense would refer to quarry operations ...."and said that :"This Court thus read Entry 8 (Item 8) to refer to quarry operations ....""Quarry" is defined in Venkataramaiyas Law Lexicon, Vol. II, 1971 Edn., p. 1322 as follows"As a noun the term quarry has been defined as the spot where rock is quarried .... an excavationorother place from which stone is taken by cutting,blastingorthe like .... It is open excavation usuallyobtaining building stone, slateorlimestone ...."d English Dictionary, 3rd Edition, p. 1636, the meaning of quarry is given as"An excavation from which stonebuilding etc., is obtained by cutting,blastingorthe like."12. When this court said that employment instone-crushing would refer to "quarry operation" this Court was fully alive to the process involved in quarrying operation. That the operation involves the extraction of limestone by cutting also is clear from the definition of "quarry"13. I,, come to the conclusion that employment in quarrying operationextraction of Shahabad stone is employment within the ambit of Item 8 of Part I of the Schedule. I would allow the appeal and dismiss the writ petition without anyr as to costs.