The decision of the Wage Board was not to be laid before both the Houses of Parliament. 172 The position in law is that the decision would be illegal on any of the following three grounds, viz. We do not think that these decisions carry the matter any further than what we have explained in earlier paragraphs of this judgment. He told Jagdamba Babu that he would go to make talab-e- isthashad and asked him to accompany him.

It can be executed in the same manner as the award of an Industrial Tribunal. " (1) (1935) 297 U-S- 233, 249; [1936] USSC 33; 80 L. To allow it to be fettered is to fetter ourselves. If that were all, a wholly different question would be presented. The Wage Board was not intended to exercise powers of legislation but those of a judicial nature. In this case, according to the evidence of Jadunath no such questions were asked by the plaintiff.

The Wage 'Board is required under s. In, the memorandum regarding delegated legislation appended to the Bill the constitution of the Wage Board in the matter of fixation of wages had not been shown as a piece of delegated legislation. What would a man of ordinary prudence-not to speak of the man of property and with experience of previous litigation like the plaintiff-would do under such circumstances ? 136 of the Constitution was granted by this Court in respect of each of them, subject to the question of maintainability of the appeals being open to be urged.

Town Area Committee, Jalalabad [1952] S. The Press Commission had directed its attention exclusively to the question of fixing minimum wage and the Act in s. There cannot be any two opinions on this question. While they were boarding the tandom Jai Prakash Narayan came that way. These Civil Appeals are directed against the decision of the Wage Board and seek to set aside the same as destroying the very existence of the newspaper establishments concerned and infringing their fundamental rights.

This would have been so had the fixation of wages by the Board was a delegated legislation (laid Rule 317). 9 followed the pattern and purported to implement the recommendations of the Press Commission. Both Jadunath and Jagdambi say that the plaintiff was startled on getting information of the sale and at once uttered the words which have been set out already of the Talab-E- Mowsibat. This is clear from the rules of business of the Lok Sabha read with the Statement of Objects and Reasons to the Bill.

A free press stands as one of the great interpreters between the Government and the people. Once that was completed he would ply his informant with questions as to where he got this information, what the information exactly was, what properties had been sold, what the consideration was, and other connected questions. (2) If in the course of an inquiry into a dispute under sub-section (1), the Sub-Divisional Officer is unable to satisfy himself as to which party is in possession or if it is shown that possession has been obtained by wrongful dispossession of the lawful occupant, within a period of three months preceding the commencement of the inquiry, the Sub-Divisional Officer shall- (a) in the first case, ascertain by summary inquiry who is the person best entitled to the property, and shall put such person in possession.

The content of the term "minimum wage" would not be changed by merely calling it a "statutory" minimum. No particular test can be adopted as an absolute test in all cases of this type and the word 'establishment' is not to be given the sweeping definition of one organisation of which it is capable, but rather is to be construed in the ordinary business or commercial sense. Even more important was the question of probability as regards the story of the plaintiff's reaction when the information is said to have been given to him.

In interpreting the Act the Court is entitled to take into consideration the surrounding circumstances, the object of the legislation and also whether a particular term used in legislation was considered by the legislature at the time of enactment. , namely, whether they constitute one integrated whole or not. In his examination-in-chief, Jadunath says:- 676 " He (plaintiff) asked his syce to bring his tandom. 10 of the Working Journalist,-, Act the Board has to make a "decision", and this term has been used in several enactments to indicate a determination by a judicial tribunal.

The tax here involved is bad not because it takes money from the pockets of the appellees. We must have regard to the provisions of the statute under which the question falls to be considered; if the statute itself says what is one establishment, then there is no difficulty. It is bad: Because, in the light of its history and of its present setting, it is seen to be a deliberate and calculated device in the guise of a tax to limit the circulation of information to which the public is entitled in virtue of the constitutional guarantees.

11 to adopt the law procedure as is adopted by Industrial Tribunal. Parliament did not intend to confer any powers of subordinate legislation on the Board. , (A)Because the Act under which it was made was ultra vires; [ See Mohammad Yasin v. The newspapers, magazines and other journals of the country, it is safe to say, have shed and continue to shed, more light on the public and business affairs of the nation than any other instrumentality of publicity; and since informed public opinion is the most patent of all restraints upon misgovernment, the suppression or abridgment of the publicity afforded by a free press cannot be regarded otherwise than with gave concern.

The Act, similarly, being based on the Report of the Press Commission has made no provision for considering the capacity to pay. The decision of the Board is declared to be binding only on some persons and not all. Special leave under Art. Counsel for the respondent Mr. The Wage Board was not constituted as sub-legislative authority. The Press Commission in considering minimum wage ignored the capacity to pay. The question is not what the legislature could have enacted but whether by virtue of powers of the Wage Board under the Act as enacted, it is a legislative body or a tribunal with adjudicators functions The Board does not possess any powers of delegated legislation, It has been given all the trappings which 39 were necessary to characterize it as a judicial body.

Dippala Suri Dora submitted that the mere fact that respondent filed his nomination papers in a particular manner does not give a different interpretation to the various provisions of the law and if under the law a nomination like that of the respondent Mr. (The Rules of Procedure and Conduct of Business in Lok Sabha (1957)-Rule 70). He may consider it unwise to ask his informant any further question before making the first Talab, i.

This omission which was appropriate with regard to minimum wages rendered the fixation of wages at a different level unreasonable and therefore void. The court ought to take into consideration the entire background and the effect of dropping of the term "minimum" from the enactment. If the statute does not, however, say what constitutes one establishment, then the usual tests have to be applied to determine the true relation between the parts, branches etc. 8 the decision of the Board has to be made in accordance with the provisions of the Act and therefore the Board had the function of applying the law and not making a law.

" The predominant purpose of the grant of immunity here invoked was to preserve an untrammeled press as a vocal source of public information. Its character is identical to that of an award made by an industrial tribunal and the Supreme Court has held that a tribunal does not exercise legislative functions.