PETITIONER: KANTA DEVI Vs. RESPONDENT: STATE OF HARYANA DATE OF JUDGMENT15/04/1993 BENCH: AHMADI, A.M. (J) BENCH: AHMADI, A.M. (J) YOGESHWAR DAYAL (J) CITATION: 1994 SCC Supl. (2) 508 ACT: HEADNOTE: JUDGMENT:
WITH
ELECTRIC CONSTRUCTION AND EQUIPMENT CO. LTD. V. STATE OF
HARYANA
ORDER
Having heard Mrs Shayamla Pappu at length, we are not
persuaded that any interference is called for in these two
appeals. All that has been insisted upon is that if the
category of Learners is brought into existence then the
payment to that category shall not be less than the lowest
minimum wage prescribed for an unskilled worker in that
industry. We propose to make it clear that we do not go
into the question whether the relationship of master and
servant comes into being if any one is placed in the
category of a Learner. All that the Department says is that
although under the provisions of the Minimum Wages Act the
category of Learners has not been included therein, if an
industry creates such a category, it will not be permitted
to pay less than the minimum for the lowest
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level employee in that industry, namely, an unskilled
workman. The basic idea is to avoid exploitation by the
management by creating different category outside the
recognised categories of workers in respect of whom minimum
wages are fixed under the law. This being the objective, we
do not see any reason why we should interfere with the order
of the court below. Hence, both appeals are dismissed with
no order as to costs.