Appeal from the judgment and decree dated June 27 and 30, 1958 and November 28, 1958, of the Bombay High Court in Special Civil Application No.
546 of 1961.
S. Pathak, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appellants.
S. Nargolkar and K. R. Chaudhuri, for respondent No.
By order dated November 6, 1957, the authority under the Minimum Wages Act rejected the companytentions raised by the employers and held that the workers were entitled to wages, at the rates fixed by the Government under the numberification dated April.
After the exemption granted under s. 26 2 was cancelled workers employed in the Bidi industry in Sangamner and Akola and places within seven miles of their respective Municipal limits demanded wages at the revised rates.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
2/2/ for making 1000 bidis.
226 of the Constitution praying for a writ or direction declaring s. 3 3 iv of the Minimum Wages Act, 1948, XI of 1948 and a Notification dated April 19, 1955, issued by the Government of Bombay in exercise of the authority vested under the Act ,ultra vires, void and illegal because the said enactment and the Notification.
Against the order, with certificate of fitness granted by the High Court under Art.
The judgment of the Court, was delivered by SHAH, J. .M s. Bhikusa Yamasa Kahatriya and M s. Bastiram Narayandas owners of bidi factories at Sangamner in the District of Ahmednagar hereinafter referred to companylectively as the appellants, moved the High Court of judicature at Bombay under Art.
rights of the appellants to carry on their lawful business, and for an order declaring that the appellants were number bound by the said Notification and were number liable to pay wages to the Bidi workers at the rates prescribed by the Notification, and for companysequential relief The High Court dismissed the petition, for in their view, s. 3 3 iv of the Minimum Wages Act and the Notification dated April 19, 1955, fixing minimum rates of wages for bidi workers in the localities of Sangamner and Akola did number violate the fundamental rights guaranteed by the Constitution and that the State of Bombay had in issuing the Notification revising the rates of minimum wages followed the procedure prescribed in that behalf by the Act.
This exemption was extended from time to time, till the end of December 1956, but by Notification dated August 22, 1956, the Government of Bombay cancelled the exemption with effect from September 1, 1956, in respect of Sangamner and Akola and places within seven miles of their respective Municipal limits.
S. Bindra and P. D. Menon, for respondents Nos.
By Notification dated June 30, 1955, issued under s. 26 2 the Government of Bombay directed that for a period of three months with effect from July 1, 1955, the provisions of the Act shall number apply to bidi makers employed in the bidi making industry in the localities of Sangamner and Akola and places within seven miles of their respective Municipal limits.
The employers having failed to satisfy their demands, applications were preferred by the workers under s. 20 of the Minimum Wages Act to the Regional authority appointed in that behalf.
of equal protection of the laws, and affected the.
The validity of the Act as it stood in the year 1956 falls to be determined in this appeal.
B. Naik and K. R. Chaudhuri, for respondent No.
67 of 1958.
October, 10.
3 and 4.
infringed the guarantee.
133 1 c of the Constitution, this appeal is preferred by the appellants.
In the mean time by Notification dated April 19, 1955, the Government of Bombay after companysidering the report of the Advisory Committee and after companysultation with the Advisory Board, revised the minimum rates of wages of workers employed in the Bidi manufactories and fixed for the localities of Sangamner and Akola and places within seven miles of their respective Municipal limits, a minimum rate of Rs.
The High Court dismissed the petition.
