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13 98 This Act is limited in its operation to the so called sweated industries in which labour is practically unorganised and working conditions are far worse than in organised industry. Ratio |
Under that Act the appropriate Government has either to appoint a Committee to hold enquiries and to advise it in regard to the fixation of minimum rates of wages or, if it thinks that it has enough material on hand, to publish its proposals for the fixation of wages in the official gazette and to invite objections. Ra... |
The appropriate Government finally fixes the minimum rates of wages on receipt of the recommendations of the Committee or of objections from the public. Ratio |
There is no provision for any appeal. Ratio |
There is an advisory board in each province to co ordinate the work of the various committees. Ratio |
There is also a Central Advisory Board to co ordinate the work of provincial boards. Ratio |
Complaints of non payment of the minimum rates of wages fixed by Government may be taken to claims authorities. Ratio |
Breaches of the Act are punishable by criminal courts. Ratio |
" (1) It is worthy of note that these committee, subcommittees, advisory board and central advisory board are to consist of persons to be nominated by the Central Government representing employers and employees in the scheduled employments, who shall be equal in number, and independent persons not exceeding one third o... |
The wage board is to consist of an equal number of representatives of employers and employees and some independent persons including the Chairman, all of whom are nominated by the Government. Ratio |
51, 52. Ratio |
99 pay. Ratio |
When a matter has been referred to a wages board, no proceedings may be commenced or continued before a conciliator, conciliation board, labour court or industrial court. Ratio |
The wages boards are authorised to form committees for local areas for the purpose of making enquiries. Ratio |
It is obligatory on" Government to declare the decisions of the wages boards binding, but where Government feel that it will be inexpedient on public grounds to give effect to the whole or any part of the decision, the matter has to be placed before the Provincial Legislature, the decision of which will be binding. Rat... |
There is provision for the filing of appeals from the decisions of the wages boards to the Industrial Court. Ratio |
" (1) Those wage boards moreover are under the superintendence of the Industrial Court. Ratio |
We may also notice here Recommendation 30, being the recommendation concerning the application of Minimum Wage Fixing Machinery made by the International Labour Office, 1949 (2): (1) The minimum wage fixing machinery whatever form it may take (for instance, trade board for individual trades, tribunals), should operate ... |
The wage fixing body should also include one or more independent persons whose votes can ensure (1) Report of the Committee on Fair Wages, P. 27, para. Ratio |
Such independent persons should, as far as possible, be selected in agreement with or after consultation with the employers ' and workers ' representatives on the wage fixing body. Ratio |
(b)In order to ensure that the employers ' and workers ' representatives shall be persons having the confidence of those whose interests they respectively represent, the employers and workers concerned should be given a voice as far as is practicable in the circumstances in the selection of their representatives, and i... |
(c)The independent person or persons mentioned in paragraph (a) should be selected from among men or women recognised as possessing the necessary qualifications for their duties and as being dissociated from any interest in the trade or part of trade concerned which might be calculated to put their impartiality in ques... |
" The following appraisement of the system of establishing trader boards by the committee on fair wages may be noted in this context: " A trade board has the advantage of expert knowledge of the special problems of the trade for which it has been set up and is, therefore, in a position to evolve a scheme of wages suite... |
The system, however, suffers from the limitation that there is no one authority to co ordinate the activities of the various boards with the result that wide disparities may arise between the scales sanctioned for similar industries. Ratio |
The Bombay Textile Labour Inquiry Committee have stated in their report that the trade board system is the best suited to Indian conditions, particularly because the very manner of 101 functioning of trade boards is such that wages are arrived at largely by discussion and conciliation and that it is only in exceptional... |
Principles for guidance. Ratio |
If a wage board is thus appointed it is necessary that the principles for its guidance in wage fixation should also be laid down by the appointing authority. Ratio |
The following passage from "Minimum Wage An International Survey I.L.O. Geneva, 1939, summarises the position as it obtains in various countries: " As will be clear from the analysis of legislation given earlier in this monograph, the fundamental principle of the Australian system, both in the Commonwealth and in the S... |
Even in those cases where the law contains no reference to this principle its importance is in practice great. . Ratio |
As a criterion of wage regulation the principle of the living wage is however no more than a vague and general indication of the purpose of the legislation. Ratio |
It leaves the broadest possible discretion in practice to the wage fixing tribunals. Ratio |
In the case of the Commonwealth laws indeed the Court is left completely free to determine the principles on which the basic or living wage is to be assessed. Ratio |
Under certain of the State laws specific, though limited, directions are given. Ratio |
Thus in Queensland there is a statutory definition of the family unit on whose requirements the basic wage is to be calculated. Ratio |
In certain cases the general emphasis on the criterion of the workers ' needs is supplemented by directions to fix wage rates that will be " fair and reasonable " and in doing so to take into account the average standard (1) Report of the Committee on Fair Wages, P. 27, para. Ratio |
53, 102 of comfort being enjoyed by workers in the same locality or in similar occupations. Ratio |
Such references, it may be noted, involve at least an indirect allusion to general economic conditions and the capacity of industry to pay, since the standards currently enjoyed are closely related to these factors. Ratio |
In at least one case (in Queensland) the Court is specifically directed to examine the probable effects of its decisions upon industry and the community in general. Ratio |
" In the United States of America the Fair Labour Standards Act of 1938 enunciates certain principles for the guidance of the industry committees which are convened by the Administrator under the Act: " The committee shall recommend to the Administrator the highest minimum wage rates for the industry which it determine... |
(1) competitive conditions as affected by transportation, living, and production cost; (2) the wages established for work of like or comparable character by collective labour agreements negotiated between employers and employees by representatives of their own choosing; and (3) the wages paid for work of like or compar... |
No classification shall be made under this section on the basis of age or sex. Ratio |
" The normal rule however is to leave a wide discretion to the tribunals responsible for the fixation of wages inasmuch as they being constituted of equal numbers of representatives of the employers and the 103 employees are best calculated to appreciate the whole position and arrive at correct results. Ratio |
Procedure to be followed : The procedure to be followed by the wage boards is equally fluid. Ratio |
The wage councils and the central coordinating committees appointed under the Wages Council Act, 1945, as also the agricultural wages committees and the agricultural boards appointed under the Agricultural Wages Regulation Act, 1924, in the United Kingdom each of them subject, of course, to the regulations which might ... |
The wage boards in Australia " are called together informally by the chairman upon request of either party. Ratio |
, No legal formalities or procedures need be complied with. Ratio |
Meetings of wage boards are held in the offices of the Department of Labour an officer of the department acting as secretary. Ratio |
" (1) The wage boards thus constituted are left to regulate their procedure in such manner as they think fit and it is not necessary that any regulation should be made in regard to the procedure to be adopted by them in the conduct of the enquiry before them. Ratio |
There are, however, a number of safeguards which have been provided in order to protect the interests of the parties concerned. Ratio |
The wages councils established by the Minister of Labour and National Services in the United Kingdom are so established after considering objections from persons appearing to be affected thereby and wage regulation orders are also recommended by these councils after considering the written representations in regard to ... |
These recommendations are again in their turn considered by the minister and it is only after the minister is satisfied that these wage regulation orders are promulgated, the minister having the power in proper cases to send the same back for reconsideration by the wage (1) Kenneth F. Walker " Industrial Relations in A... |
104 councils. Ratio |
The reports of the industry committees convened by the administrator in the United States of America are subject to scrutiny by the administrator who gives notice to all interested persons and gives them an opportunity of being heard in regard to the same. Ratio |
it is only after this is done that he approves and carries into effect the recommendations in these reports on his being fully satisfied that they are proper and if he disapproves of these recommendations he again refers the matter to such committees for further considerations and recommendations. Ratio |
The orders of the administrator are again subject to review in the Circuit Court of Appeals in the United States and further revision in the U. section Supreme Court upon certiorari or certification. Ratio |
As regards the determinations of the special boards in some of the States of the Commonwealth of Australia appeals lie against the same to the court of industrial appeals and they are also challengeable before the High Court. Ratio |
Such safeguards are also provided in our . Ratio |
Here the work of the committees, sub committees and advisory committees is coordinated by advisory boards and the work of the advisory boards is coordinated by the central advisory board which advises the Central Government in the matter of the fixing of the minimum rates of wages and other matters under the Act and it... |
Where, however, the appropriate Government propose to fix the minimum rates of wages without reference to the various committees, or sub committees, it publishes its proposals by notification in the Official Gazette for the information of persons likely to be affected thereby and fixes the minimum rates of wages only a... |
105 The wage boards appointed by the amended Bombay Industrial Relations Act, 1946, are subject to the appellate jurisdiction as well as supervisory jurisdiction of the industrial courts in the State and parties affected by their decisions are entitled to file appeals against the same in the industrial courts. Ratio |
If these safeguards are provided against the determinations of the wage boards, it will be really immaterial what procedure they adopt in the course of the proceedings before them. Ratio |
Charactero the functions performed: There is considerable divergence of opinion in regard to the character of the functions performed by these wage boards and a controversy has arisen as to whether the functions performed by them are administrative, judicial or quasi judicial or legislative in character. Ratio |
The question assumes importance on two grounds: viz., (i) whether the decisions of the wage boards are open to judicial review and (ii) whether the principle of audi alteram partem applies to the proceedings before the wage boards. Ratio |
If the functions performed by them were administrative or legislative in character they would not be subject to judicial review and not only would the not be amenable to the writs of certiorari or prohibition under articles 32 and 226 of the ' Constitution, they would also not be amenable to the exercise of special lea... |
Their decisions moreover would not be vulnerable on the ground that the principle of audi alteram partem, i. e., no man shall be condemned unheard, was not followed in the course of the proceedings before them I4 106 and the procedure adopted by them was contrary to the principles of natural justice. Ratio |
It is well settled that writs of certiorari and prohibition will lie only in respect of judicial or quasijudicial acts: " the orders of certiorari and prohibition will lie to bodies and persons other than courts stricto sensu. Ratio |
Any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, is subject to the controlling jurisdiction of the High Court of justice, exercised by means of these orders." (1). Ratio |
The principle of audi alteram partem also applies only to judicial or quasi judicial proceedings: As was observed by the Judicial Committee of the Privy Council in Patterson vs District Commissioner of Accra (2): "On this part of the case, counsel suggested that the provisions of section 9 were in the nature of a " mas... |
This is laid down in there a number of cases are mentioned] and many other cases, concluding with that of Capel vs Child (4) in which Bayley B. says he knows of no case in which you are to have a judicial proceeding, by which a man is to be deprived of any part of his property, without his having an opportunity of bein... |
Their Lordships have already indicated that, in their view, the section does not contemplate any judicial proceeding, and thus a decision against the appellant does not infringe the principles stated in Bonaker vs Evans." (3) (1) Halsbury 's Laws of England, 3rd Edn., Vol. 11, at p. 55,para. 114. Ratio |
(2)[1948] A.C. 341. Ratio |
(4) (1832) 2 C. (3) 16 Q.B. 162, 171.J. 558. Ratio |
107 The distinction between a legislative and a judicial function is thus brought out in Cooley 's Constitutional Limitations, 8th Edn., Vol. 1, ch. Ratio |
V under the caption of " the powers which the legislative department may exercise ", at p. 185: " On general principles, therefore, those inquiries, deliberations, orders, and decrees, which are peculiar to such a department, must in their nature be judicial acts. Ratio |
The former decide upon the legality of claims and conduct, and the latter make rules upon which, in connection with the constitution, those decisions should be founded. Ratio |
It is the province of judges to determine what is the law upon; existing cases. Ratio |
In fine, the law is applied by one, and made by the other. Ratio |
But to do the last to pass new rules for the regulation of new controversies is in its nature a legislative act; and if these rules interfere with the past, or the present, find do not look wholly to the future, they violate the definition of a law as " a rule of civil conduct " because no rule of conduct can with cons... |
" It is the province of judicial power, also to decide private disputes between or concerning persons; but of legislative power to regulate public concerns, and to make laws for the benefit and welfare of the State. Ratio |
Nor does the passage of private statutes, when ' lawful, are enacted on petition, or by the consent of all concerned; or else they forbear to interfere with past translations and vested rights. Ratio |
" The following classic passage from the opinion of Holmes, J., in Prentis vs Atlantic Coast Line Co. Ltd., (1), is very apposite in this context: " A judicial inquiry investigates, declares, and enforces liabilities as they stand on present or past facts and under laws supposed already to exist. Ratio |
That is its purpose and end. Ratio |
Legislation, on the other hand (1) ; , 226 227 ; 53 L. Ed. 15o, 158, 159.108 looks, to the future and changes existing conditions by making a new rule, to be applied thereafter to all or some part of those subject to its power. Ratio |
That question depends not upon the character of the body, but upon the character of the proceedings. Ratio |
The nature of the final act determines the nature of the previous enquiry." (See also Mitchell Coal & Coke Co. vs Pennsylvania R. Co. (1) and Louisville & Nashville Railroad Company vs Green Garrett (2) A practical difficulty however arises in thus characterising the functions as legislative or judicial because the fun... |
Stason and Cooper in their treatises on " Cases and other materials on Administrative Tribunals" point out: One of the great difficulties of properly classifying a particular function of ail administrative agency is that frequently and, indeed; typically a single function has three aspects. Ratio |
It is partly legislative, partly judicial and partly administrative. Ratio |
Consider, for example, the function of rate making. Ratio |
It has sometimes been characterised as legislative, sometimes as judicial. Ratio |
In some aspects, actually, it involves merely executive or administrative powers. Ratio |
For example, where the Interstate Commerce Commission fixes a tariff of charges for any railroad, its function is viewed as legislative. Ratio |
But where the question for decision is whether a shipment of a mixture of coffee and chicory should be charged the rate established for coffee or the lower rate established for chicory, the question is more nearly judicial. Ratio |
On the other hand, where the problem is merely the calculation of the total freight charges due for a particular shipment, the determination can fairly be described as an administrative act." (1) ; ; 571. Ratio |
Ed. 1472, 1482. Ratio |
(2) ; ; , 239. Ratio |
109 This difficulty is solved by the Court considering I in a proper case whether the administrative agency performs a predominantly legislative or judicial or administrative function and determining its character accordingly. Ratio |
(Vide: Village of Saratoga Springs vs Saratoga Gas, Electric Light & Power Co. (1), and People ex rel. Ratio |
Central Park, North ((., East River R. Co. Ratio |
Willcox (2). Ratio |
Robson 's Justice and Administrative Law, 3rd Edn. Ratio |
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