1. Heard Sri Praveen Kumar, holding brief of Sri Bharatji Agarwal, learned counsel for petitioner.
2. Writ petition is directed against the notification dated 11.7.1990 issued by State Government under Section 3 (1) (b) read with Section 4 (1) of Minimum Wages Act. 1948 (hereinafter referred to as "Act, 1948") revising minimum wages payable to workmen of different categories.
3. It is contended that impugned notification has been issued in contravention of Section 7 of Act, 1948 i.e. without the advice of Advisory Board and it is contended that consultation with Advisory Board is mandatory and without its consultation a notification revising minimum wages of workmen under Section 4 (1) of Act, 1948 would be illegal.
4. However, I find no force in the submission. No provision has been shown to the Court which may suggest that the Government is under statutory obligation to consult Advisory Board and that no notification fixing or revising minimum wages can be issued without such consultation. The Procedure for fixing and revising the wages is prescribed in Section 5 of Act, 1948 which reads as under:
"5. Procedure for fixing and revising minimum wages.-(1) In fixing minimum rates of wages in respect of any scheduled employment for the first time under this Act or in revising minimum rates of wages so fixed, the appropriate Government shall either-
(a) appoint as many committees and sub-committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case may be, or
(b) by notification in the Official Gazette, publish its proposals for the information of persons likely to be affected thereby and specify a date, not less than two months from the date of the notification, on which the proposals will be taken into consideration.
(2) After considering the advice of the committee of committees appointed under clause (a) of sub-section (1), or as the case may be, all representations received by it before the date specified in the notification under clause (b) of that sub-section, the appropriate Government shall, by notification in the Official Gazette, fix, or as the case may be, revise the minimum rates of wages in respect of each scheduled employment, and unless such notification otherwise provides, it shall come into force on the expiry of three months from the date of its issue:
Provided that where the appropriate Government proposes to revise the minimum rates of wages by the mode specified in clause (b) of sub-section (1) the appropriate Government shall consult the Advisory Board also."
5. Sub-section (1) contemplates that in fixing minimum rates of wages for the first time or while revising the same, the State Government may follow either of the two processes namely, it may constitute a Committee or Sub-committee which may advise the Government in respect of fixation or revision of minimum wages or the State Government itself can issue a notification giving information to all persons likely to be affected giving them opportunity to make their proposals and thereafter to issue appropriate notification. The alternative procedure itself suggest that neither the constitution of Committee or Sub-committee or its advice is mandatory. The function of Advisory Board is to co-ordinate the Committees and Sub-committees appointed under Section 5 and advise the appropriate Government generally in the matter of fixing and revising the minimum rates of wages. It does not provide that if the Advisory Board has not been consulted, minimum wages determined by Government under Section 5 of the Act, 1948 would be illegal. It is not the case of petitioner that the State Government did not follow the procedure prescribed in Section 5 (1) (b) of Act, 1948.
6. In Chakradharpur Bidi and Tobacco Merchants Association Vs. State of Bihar 1997 (77) FLR 339, it has been held that recommendation/ decision of Advisory Board is not binding on the State Government and the same remains and enjoys status of only a recommendation and nothing more than that. The function of Advisory Board is not quasi-judicial in nature. No authority has been placed before this Court to suggest or to show that without consultation of Advisory Board, the fixation or revision of minimum wages is impermissible. In view thereof, I find no force in the submission.
7. No other point has been raised or argued.
8. Writ petition, in view of above, lacks merit. Dismissed.
Dt. 9.4.2012 PS