Multipurpose Training Centre for the Deaf v. Government of NCT of Delhi & Ors

MANMOHAN, J kapil

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 30th November, 2010 + LPA 288/2010 MULTIPURPOSE TRAINING CENTRE FOR THE DEAF ..... Appellant Through Mr.S.N. Shukla, Adv. versus GOVERNMENT OF NCT OF DELHI & ORS ..... Respondents Through Mr.Rajeev Kr. Rai, Adv. R-3 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN 1. Whether reporters of the local papers be allowed to see the judgment? Yes 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes DIPAK MISRA, CJ In this intra-court appeal, the challenge is to the order dated 24th February, 2010 passed by the learned Single Judge in WP (C) No. 3785/2007. 2. The singular question that emanates for consideration in this appeal is whether the appellant – All India Federation of Deaf can be allowed to pay to the workers less than the minimum wages on the ground that it is not included in the list of scheduled employment either in Part-1 or Part-2 of the Schedule of the Minimum Wages Act, 1948 (for brevity "the Act"). 3. We have heard Mr.S.N. Shukla, learned counsel for the appellant and Mr.Rajeev Kr. Rai, learned counsel for the respondent No.3. 4. On a perusal of the order passed by the learned Single Judge, it is evincible that the appellant-society is engaged in imparting education to the deaf community and is also running a printing press. The said establishment falls in Section 2(5) of the Delhi Shops and Establishments Act, 1954, which defines the "commercial establishment". It reads as follows: - "2. Definitions. (1) to (4) xxx xxx xxx (5) "commercial establishment" means any premises wherein any trade, business or profession or any work in connection with, or incidental or ancillary thereto is carried on and includes a society registered under the Societies Registration Act, 1860 (21 of 1860) and charitable or other trust, whether registered or not, which carries on any business, trade or profession or work in connection with or incidental or ancillary thereto, journalistic and printing establishments, contractors and auditors establishments, quarries and mines not governed by the [Mines Act, 1952 (53 of 1952)] educational or other institutions run for private gain and premises in which business of banking, insurance, stocks and shares, brokerage or produce exchange is carried on, but does not include a shop or a factory registered under the Factories Act, 1948 (63 of 1948) or theatres, cinemas, restaurants, eating houses, residential hotels, clubs or other places of public amusement or entertainment." 5. It is also noticeable that a notification dated 13th August, 1965 has been issued by the Government of NCT of Delhi under Section 27 of the Act by which an amendment has been incorporated in the Schedule to the Act whereby the shops and other establishments covered under the Delhi Shops and Establishments Act, 1954 come within its sweep and ambit. Sections 2 and 27 of the said Act read as follows: - "Section 2 – Interpretation. (a) to (d) xxx xxx xxx (e) "employer" means any person who employs, whether directly or through another person, or whether on behalf of himself or any other person, one or more employees in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, and includes, except in sub-section (3) of section 26, - (i) in a factory where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person named under [clause (f) of sub-section (1) of section 7 of the Factories Act, 1948 (63 of 1948)], as manager of the factory; (ii) in any scheduled employment under the control of any Government in India in respect of which minimum rates of wages have been fixed under this Act, the person or authority appointed by such Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department; (iii) in any scheduled employment