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Tuesday, 28 June 1904

In Committee(Consideration resumed from 24th June, vide page 2690) :

Clause 48, as amended -

The Court, by its award, or by order made on the application of any party to the proceedings before it, at any time in the period during which the award is binding, may -

(a)   prescribe a minimum rate of wages or remuneration, and in that case shall on the application of any party to the industrial dispute or of any organization or person bound by the award make provision for enabling some tribunal specified in the award or order to fix, in such manner and subject to such conditions as are specified in the award or order, a lower rate in the case of employees who are unable to earn the minimum wage so prescribed ; and

(b)   direct that as between members of organi zations of employers or employees and other persons offering or desiring service or employment at the same time, preference shall be given to such members, other things being equal ; and

(c)   appoint a tribunal to finally decide in what cases an employer or employee to whom any such direction applies may employ or be employed by a person who is not a member of any such organization.

Provided always that before any preference to members of organizations is directed as aforesaid, the President shall, by notification published in the Gazelle, and in such other publications, if any, .13 the Court directs, specifying the industry and the industrial matter in relation to which it is proposed to direct such preference, make known that all persons and organizations interested and desirous of being heard may, on or before a day named, appear or be represented before the Court; and the Court shall, in manner prescribed, hear all such persons and organizations so appearing or represented.

And provided further that no such preference shall be directed to be given, unless the application for such preference is, in the opinion of the Court, approved by a majority of those affected by the awards who have interests in common with the applicants.

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