Law:

Section: 3, 34

(a) East Pakistan Minimum Wages (Fixation) Ordinance (X of 1969), Ss. 3(I)(a) &' 5 read with East Pakistan Factories Act (IV of 1965), S. 2(p)-Workers employed through contractor -working within factory premises-To be regarded workers of same establishment-Total number of workers including those employed through contractor counting more than 50-Provisions of Ss. 3(1)(a) & 5 of East Pakistan Minimum Wages (Fixation) Ordinance, 1969, in circumstances, held, applicable. (b) Industrial Relations Ordinance (XXIII of 1969), S. 34 read with East Pakistan Minimum Wakes (Fixat4ont Ordinance (X of 1969), S. 5-Number of factory it workers more than 50-Workers entitled to minimum wages according to East Pakistan Minimum' Wages (Fixation) Ordinance, 1969 minimum wages, held, a guaranteed right and application under S. 34, Industrial-Relations Ordinance, 1969 maintainable for enforcement of such right.   AWARD MD. NURUL ISLAM KHAN (CHAIRMAN). This is an appli cation under section 34 of the Industrial Relations Ordinance, 1969 hereinafter referred to as the Ordinance. The case of the first party is that he is the President of Talukdar Dying and Finishing Works Sramik Union. The second party respondents employed more than 50 workers in their establishment which is situated within the urban area of Narayanganj and therefore, they are liable to pay minimum wages of Rs. 125-00 per month to each of the unskilled workers as per-section 5 of the East Pakistan Minimum Wages (Fixation) Ordinance, 1969 with effect from 1st July 1969. But in violation of the provisions of the said Ordinance, the second parties have not paid the workers the minimum Wages as prescribed by law. Hence this application has been filed with a payer that the second party be directed to pay all arrear wages since July 1969, at the rate. fixed by the said Ordinance. The second party entered into appearance by filing written statement in which they submitted that the actual number of workers employed in the factory of the second party at present was only 14, and, therefore, the Minimum Wages (Fixation) Ordinance does nt apply in their case. This matter was heard on several dates in presence of…