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, states at p. 608 (foot note): " An example of a subordinate body of this type is a Wage Council, which is not an administrative tribunal but a subordinate legislative authority. Ratio |
" Griffith 's Principles of Administrative Lam, contains the following passage at p. 39: " The subordinate legislation which occupies more space than any other subject relates to Wages Councils. Ratio |
By the Wages Councils Act, 1945, the Minister of Labour and National Service was empowered to establish by order Wages Councils to operate in industries and trades. Ratio |
Six such orders were made in 1947. Ratio |
Wages Councils, under the Act, may submit to the Minister detailed "wages regulations proposals" for fixing remuneration and making provisions for holidays. Ratio |
The Minister then makes orders embodying and giving effect to these proposals. Ratio |
In 1947, fifty five such orders were made, covering thirty one different trades. Ratio |
" Barbare Wootton in " Social Foundations of Wage Policy; Modern Methods of Wage Determination makes the following observations at p. 88: " Both arbitration tribunals and courts of inquiry share with one important difference the tripartite structure of statutory wage councils; they are composed of equal numbers of repr... |
(2) (1909) 194 New York 383. Ratio |
110 representative members of the latter are chosen from within the industry concerned, whereas employers and workers on arbitration tribunal come from outside the industry whose disputes they have to resolve; if in any case technical knowledge of a particular industry is required, this is normally supplied by the help... |
This difference between the constitution of wage boards and that of arbitration tribunals clearly implies a corresponding distinction between the legislative function of the former and the judicial function of the latter. Ratio |
The wages board drafts laws for its own industry, whereas the arbitration court gives judgment on matters submitted by others. Ratio |
The choice of industrial arbitrators unconnected with the industries the merits of whose claims they must pledge, is evidently intended as a guarantee that they, like other judges, will be free from bias arising from personal interest ". Ratio |
The High Court of the Commonwealth of Australia has taken a similar view in Australian Boot Trade Employees Federation vs Whybrow & Co. (1), in discussing an award made by the wages board empowered by a State statute to fix minimum rates of wages. Ratio |
The test applied for determining the character of that function may be stated in the words of Issacs J. at p. 318: " If the dispute is as to the relative rights of parties as they rest on past or present circumstances, the award is in the nature of a judgment, which might have been the decree of an ordinary judicial tr... |
There the law applicable to the case must be observed. Ratio |
If, however, the dispute is as to what shall in the future be the mutual rights and responsibilities of the partiesin other words, if no present rights 'are asserted or denied, but a future rule of conduct is to be prescribed, thus creating new rights and obligations, with sanctions for non conformity then the determin... |
If, again, there are neither present (1)(1910) ; , 318. Ratio |
111 rights asserted, nor a future rule of conduct prescribed, but merely a fact ascertained necessary for the practical effectuation of admitted rights, the proceeding, though called an arbitration, is rather in the nature of an appraisement or ministerial act. Ratio |
" As against this trend of opinion it has been urged that the decisions of the Wage Councils in the shape of wage regulation proposals submitted to the minister in Great Britain under the Wage Councils Act derive their sanction from the orders made by the minister giving effect to these proposals; but for such orders o... |
In regard to the determinations of the wage boards empowered by the statutes to fix the minimum rates of wages in the Commonwealth of Australia also it is pointed out that under the provisions of the Factories and Shops Act, 1905, of Victoria "Every determination of any Special Board shall unless and until so quashed. ... |
Reference is made to the provisions of the Fair Labour Standards Act of 1938 in the United States of America, where the wages orders ultimately approved by the Administrator are subject to judicial review in the Circui Courts of Appeals or in the United States courts of appeals of the particular ]District and also subj... |
The , in our country also provides for the committees, sub committees, advisory sub committees, advisory boards and central advisory boards for fixing minimum rates of wages and the recommendations of these committees are forwarded to the appropriate Government who by notification in the official gazette fix minimum ra... |
The notification is a token of the approval by the appropriate Government 112 of these recommendations of the Committees and invests them with legal sanction. Ratio |
The recent amendment of the Bombay Industrial Relations Act, 1946, empowers the State Government by notification in the official Gazette to constitute for one or more industries a wage board for the State and enjoins these wage boards to follow the same procedure as the Industrial Court in respect of arbitration procee... |
These are the two opposite points of view which have been pressed before us and it is impossible to state that the functions performed by the wage boards are necessarily of a legislative character. Ratio |
If that were the only ' consideration the dictum of Justice Holmes cited above would apply and the functions performed by these wage boards would be invested with a legislative character. Ratio |
This is however not all, and regard must be had to the provisions of the statutes constituting the wage boards. Ratio |
If on a scrutiny of the provisions in regard thereto one can come to the conclusion that they are appointed only with a view to determine the relations between the employers and the employees in the future in regard to the wages payable to the employees there would be justification for holding that they were performing... |
If, however, on a consideration of all the relevant provisions of the statutes bringing the wage boards into existence, it appears that the powers and procedure exercised by them are assimilated to those of Industrial Tribunals or their adjudications are subject to judicial review at the hands of higher Tribunals exerc... |
Whether they exercise these functions or not is thus to be determined by the relevant provisions of the statutes incorporating them and it would be impossible to lay down any universal rule which would help in the ' determination of this question. Ratio |
Even if on the construction of the relevant provisions of the statute we come to the conclusion that the functions performed by a particular wage board are not of a legislative character, the question still remains whether the functions exercised by them are administrative in character or judicial or quasi judicial in ... |
There is no doubt that these wage boards are not exercising purely judicial functions. Ratio |
They are not courts in the strict sense of the term and the functions which they perform may at best be quasi judicial in character. Ratio |
The fact that they are administrative agencies set up for the purpose of fixation of wages do not necessarily invest their functions with an administrative character and in spite of their being administrative bodies they can nevertheless be exercising quasi judicial functions if certain conditions are fulfilled. Ratio |
The position in law has been thus summarised in Halsbury 's Laws of England, 3rd Ed., Vol. 11, at pp. Ratio |
55 56: " 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. Ratio |
It is not necessary that it should be a court; an administrative body in ascertaining facts or law may be under a duty to act judicially notwithstanding that its proceedings have none of the formalities of, and are not in accordance 15 114 with the practice of, a court of law. Ratio |
It is enough if it is exercising, after hearing evidence, judicial functions in the sense that it has to decide on evidence between a proposal and an opposition. Ratio |
A body may be under a, duty, however, to act judicially (and subject to control by means of these orders) although there is no form of lies inter partes before it; it is enough that it should have to determine a question solely on the facts of the particular case, solely on the evidence before it, apart from questions ... |
Thus, if in order to arrive at the decision, the body concerned had to consider proposals and objections and consider evidence, if at some stage of the proceedings leading up to the decision there was something in the nature of a lies before it, then in the course of such consideration and at that stage the body would ... |
If, on the other hand, an administrative body in arriving at its decision has before it at no stage any form of lis and throughout has to consider the question from the point of view of policy and expediency, it cannot be said that it is under a duty at any time to act judicially." (See also the decision of this Court ... |
In order therefore to determine whether an administrative body is exercising a quasi judicial function, it would be necessary to examine in the first instance, whether it has to decide on evidence between a proposal and an opposition and secondly, whether it is under a duty to act judicially in the matter of arriving a... |
The question whether or not there is a duty to act judicially must be decided (1) ; 115 in each case in the light of the circumstances of the particular case and the construction of the particular statute, with the assistance of the general principles already set out." (Ibid, para. 115). Ratio |
The decision in R. vs Manchester Legal Aid Committee Ex parte R. A. Brand & Co. Ltd. (1), lays down when an administrative body can be said to have a duty to act judicially: " The true view, as it seems to us, is that the duty to act judicially may arise in widely different circumstances which it would be impossible, a... |
Where the decision is that of a court, then, unless, as in the case, for instance, of justices granting excise licences, it is acting in a purely ministerial capacity, it is clearly under a duty to act judicially. Ratio |
When, on the other hand, the decision is that of an administrative body and is actuated in whole or in part by questions of policy, the duty to act judicially may arise in the course of arriving at that decision. Ratio |
Thus, if, in order to arrive at the decision, the body concerned had to consider proposals, and objections and consider evidence, then there is the duty to act judicially in the course of that inquiry. Ratio |
That, as it seems to us, is the true basis of the decision in Errington vs Minister of Health (2). . . . . . . (See also Rex vs The London Country Council: Ex parte Entertainments Protection Association Ld. Ratio |
(3). . . " Further, an administrative body in ascertaining facts or law may be under a duty to act judicially not withstanding.that its proceedings have none of the formalities of and are not in accordance with the practice of a court of law." Vide Board of Education vs Rice (4) " More recently it has been held by this... |
(2) (3) , 233 4. Ratio |
(4) , 182. Ratio |
116 standing that such a tribunal is entitled to act on its own knowledge and information, without evidence unless submitted, and without a hearing except on notice from a party; see Rex vs Brighton. Ratio |
and Area Rent Tribunal (1). Ratio |
" If, on the other hand, an administrative body in arriving at its decision at no stage has before it any form of lis and throughout has to consider the question from the point of view of policy and expediency, it cannot be said that it is under a duty at any stage to act judicially: Compare Franklin vs Minister of Tow... |
It is strenuously urged before us by learned counsel for the petitioners that if the functions which the wage boards perform in the matter of fixation of the rates of wages are considered in the light of the principles cited above, it would appear that as between the employers, on the one hand, and the employees, on th... |
The employees demand that a particular statutory minimum wage should be fixed and the scales of wages should also be determined in a particular manner. Ratio |
The employers on their part would maintain that the status quo should continue or that, in any event, much less than the statutory minimum wage demanded by the employees should be fixed and also that the scales of wages should be fixed on a gradation which is much less than or in any event, different from that suggeste... |
The employees may say that certain factors which are material in the fixation of wages and which affect the employees should be considered as determinative of the rates of wages while the importance of these factors may be sought to be minimized by the employers who might put forward certain other factors affecting the... |
All these would create proposition and opposition on both sides with the result that a lis would arise between them. Ratio |
The determination of these (1) [1950] 2 K.B 410. Ratio |
(2) ; , 102. Ratio |
117 points at issue would have to be ' arrived at by the wage boards and the wage boards could only do so after collecting proper data and materials and hearing evidence in that behalf. Ratio |
If the functions performed by the wage board would thus consist of the determination of the issues as between a proposition and an opposition on data and materials gathered by the board in answers to the questionnaire issued to all parties interested and the evidence led before it, there is no doubt that there would be... |
It has been on the other hand urged before us by the learned counsel for the respondents that the very constitution of the wage boards is against the fundamental principle of jurisprudence which postulates that no man should be a judge in his own cause. ARG |
It was laid down by the House of Lords in Franklin vs Minister of Town and Country Planning (1) at p. 103: " My Lords, I could wish that the use of the word bias " should be confined to its proper sphere. PRE |
Its proper significance, in my opinion, is to denote a departure from the standard of even handed justice which the law requires from those who occupy judicial office, or those who are commonly regarded as holding a quasi judicial office, such as an arbitrator. Ratio |
The reason for this clearly is, that having to adjudicate as between two or more parties, he must come to his adjudication with an independent mind, without any inclination or bias towards one side or other in the dispute. Ratio |
" The representatives of the employers and the representatives of the employees who are appointed on the wage board along with an independent chairman and some other members, it is submitted, would necessarily have a bias in favour of those whom they represent and therefore would not be competent to be judges and the w... |
There is considerable force in these contentions, but (1) ; ,102. Ratio |
118 we do not feel called upon to express our final opinion on this question in view of the conclusion which we have hereafter reached in regard to the ultra vires character of the decision of the Wage Board itself. Ratio |
We are however bound to observe that whatever be the character of the functions performed by the wage boards whether they be legislative or quasi judicial, if proper safeguards are adopted of the nature discussed earlier, e. g., provision for judicial review or the adopting of the procedure as in the case of the recomm... |
We now proceed to consider how far the impugned Act violates the fundamental rights of the petitioners. Ratio |
Re : Article 19 (1) (a). STA |
it has, however, got to be read along with article 19 (2) which lays down certain constitutionally permissible limitations on the exercise of that right. article 19 (2) as substituted by the Constitution (First Amendment) Act, 1951, with retrospective effect reads as under: " Nothing in sub clause (a) of clause (1) sha... |
" If any limitation on the exercise of the fundamental right under article 19 (1) (a) does not fall within the four corners of article 19 (2) it cannot be upheld. STA |
The General Meaning of Freedom: To be free is to have the use of one 's powers of action (i) without restraint or control from outside and (ii) with whatever means or equipment the action requires. Ratio |
To be free is essentially to be free from something some arbitrary impediment to action, some dominating power or authority. Ratio |
And so long as it can be taken for granted that the unhindered person has all he needs to act withwhich is usually the case the negative meaning remains the chief element of the conception. " But since freedom is for action, and action is for an end, the positive kernel of freedom lies in the ability to achieve the end... |
And this implies command of the means to achieve the end. Ratio |
Unless the equipment necessary for effective action is at hand, unrestraint may be a mockery of freedom. . . Ratio |
Unrestraint without equipment is not liberty for any end which demands equipment." (pp. Ratio |
54 55). Ratio |
Resulting Conception of Freedom of the Press: " The emerging conception of freedom of the press may be summarised as follows,% As with all freedoms, press freedom means freedom from and freedom for. Ratio |
A free press is free from compulsions from whatever source, governmental or social, external or internal. Ratio |
From compulsions, not from pressures; for no press can be free from pressures except in a moribund society empty of contending forces and beliefs. Ratio |
These pressures, however, if they are persistent and distorting as financial, clerical, popular, institutional pressures may become approach compulsion; and something is then lost from effective 120 freedom which the press and its public must unite to restore. Ratio |
, " A free press is free for the expression of opinion in all its phases. Ratio |
It is free for the achievement of those goals of press service on which its own ideals and the requirements of the community combine and which existing techniques make possible. Ratio |
For these ends it must have full command of technical resources, financial strength, reasonable access to sources of information at home and abroad, and the necessary facilities for bringing information to the national market. Ratio |
The press must grow to the measure of this market. Ratio |
There is paucity of authority in India on the nature, scope and extent of this fundamental right to freedom of speech and expression enshrined in article 19 (1) (a) of the Constitution. Ratio |
The first case which came up for decision before this court was that of Ramesh Thaper vs The State of Madras (1). Ratio |
It was a case of a ban on the entry and circulation of the appellant 's journal in the State of Madras under the provisions of section 9 (1 A) of the Madras Maintenance of Public Order Act, 1949, and it was observed by Patanjali Sastri J. (as he then was) at p. 597: " There can be no doubt that freedom of speech and ex... |
" Liberty of circulation is as essential to that freedom as the liberty of publication. Ratio |
Indeed, without circulation the publication would be of little value.": Ex parte Jackson (2). Ratio |
See also Lovell V. City of Griffin (3). Ratio |
Brij Bhushan & Anr. Ratio |
vs The State, of Delhi (4) was the next case which came up for decision before this Court and it concerned the constitutionality of section 7 (i) (e) of the East Punjab Public Safety Act, 1949. Ratio |
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