The Hindu Business Line : Doing away with wages for rest day unwarranted, says HC

Chennai, July 11 Arasu Rubber Corporation Ltd, a Tamil Nadu Government venture, has been directed by the Madras High Court to implement the award of the Industrial Tribunal granting wages to workmen for the rest day.

The management’s decision to do away with the privilege was unwarranted, the court held.

Mr Justice K. Chandru, who heard the corporation challenging the awards of the tribunal holding that the wages for the rest day of certain categories of workers were valid, observed that since the category of these workmen — watchers, sweepers and scavengers — was only a vanishing tribe, the management need not have ventured into withdrawal of said privileges at the behest of other workmen.

The comparison with the private estates in and around Kanyakumari district had no relevance and in law, only the comparables could alone be compared.

Also, the reference by the management to the Plantations Labour Act and the Minimum Wages Act had no relevance in deciding the issue, the judge ruled.

The Government, which was manning the plantations before the corporation came into being, by taking note of work done by the three categories of workmen, had consciously provided rest day wages for them.

Unless there was any change of circumstances, the question of withdrawal of the said benefit did not arise.

The petitioner contended, inter alia, that the rest day wage was not a service condition between the management and workmen, and it was a concession given erroneously by the Government.

There could not be different service conditions in respect of plantation workers — one receiving rest day wage and the other not receiving such a privilege.

The tribunal held that the withdrawal of the benefit was illegal.

The writ petition was dismissed.

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