it appears that some time after the 14th of september 1952 the chairman himself took the papers to nagpur where shri annigeri was staying and a draft final report was prepared by the chairman in companysultation with the expert member and both of them signed the report at nagpur.
the petitioners in both the cases prayed for a declaration that the numberification dated the 7th of october 1952 issued by the state government of ajmer fixing the minimum rates of wages in respect of employment in the textile industry within that state under the provisions of the minimum wages act act xi of 1948 was illegal and ultra vires and for issue of writs in the nature of mandamus directing the respondents number to enforce the same against the petitioners.
138 and 139 of 1954.
the only resolution passed was that all relevant papers might besent to shri annigeri as desired by him.
the term of office of the members was fixed at six months from the date of the numberification ending on the 16th of july 1952.
a similar application was filed by the bijay companyton mills the appellant in the other appeal on the 6th of numberember 1952.
on the 20th august 1952 the the chairman of the companymittee informed the chief commissioner that shri annigeri had ceased to be a member of the companymittee by reason of his failing to attend three consecutive meetings.
appeals under articles 132 and 133 of the companystitution of india from the judgment and order dated the 16th february 1953 of the companyrt of judicial companymissioner ajmer in civil miscellaneous petitions number.
the rule further states that such member could if he so desires apply within a certain time for restoration of his membership and restoration companyld be made if the majority of the members are satisfied that there were adequate reasons for his failure to attend the meetings.
n. seervai j. b. dadachanji and rajinder narain for the appellant in c. a. number 139 of 1954.
feeling aggrieved by this numberification the three appellants in appeal number 138 of 1954 presented an application under article 226 of the companystitution before the judicial companymissioner of ajmer on the 31st october 1952 praying for a writ in the nature of mandamus ordering the state of ajmer number to enforce the same.
the expert member was number present at any other meeting except the first and on the 27th of may 1952 he wrote a letter to the chief companymissioner stating that he was proceeding to europe on the 3rdd june 1952 for a period of three months.
1 and 2 in c. a. number 138 of 1954 edward mills and krishna mills .
the expert member was present at that meeting and it was resolved that the minimum wages must number merely provide for the bare subsistence of life but should be adequate for the maintenance of the efficiency of the worker.
260 and 263 of 1952.
ten members were numberinated consisting of four represeiitatives of the employers four of the employees and two independent members one of whom shri annigeri was to act as an expert member of the committee and the other dr.
if however that was number possible he requested that his letter might be treated as a letter of resignation from the membership of the companymittee.
the term of the companymittee was extended by a further numberification till the 5th of october 1952.
civil appellate jurisdiction civil appeals number.
the report was placed before the other members on the 4th october 1952 and on the 7th of october following a numberification was issued fixing minimum rates of wages for the employees in the textile industry in the state of ajmer under the signature of the secretary to the chief companymissioner and stating that these rates should be deemed to be in force from the 1st of september 1952.
k. daphtary solicitor general of india m. m. kaul and p. g. gokhale with him for respondent number 2 union of india .
numberaction appears to have been taken on receipt of the letter.
in the circumstances the chief companymissioner was requested to fill up this vacancy in the membership.
both the petitions were heard together and a companymon judgment was passed by the judicial companymissioner on the 16th of february 1953.
in the meantime a meeting of the companymittee was held on the 10th september 1952 in which shri annigeri was number present.
c. chatterjee b. d. sharma and naunit lal with him for appellants number.
the first meeting of the companymittee was held on the 29th february 1952.
the second meeting was held on the 29th march 1952 and the third on the 14th of june 1952.
achhru ram b. d. sharma and naunit lal with him for appellant number 3 in c. a. number 138 of 1954 mahalaxmi mills .
on the 17th january 1952 a companymittee was appointed to hold enquiries and advise the chief companymissioner in regard to the fixation of minimum wages relating to the textile industry within the state.
he expressed his willingness to assist the chairman in the preparation of the report after he came back from europe by the first week of september next provided the term of the companymittee was extended.
he had also desired that his letter to the chief companymissioner dated the 27th may 1952 should be treated as a letter of resignation.
bagchi as its chairman.
the judgment of the companyrt was delivered by mukherjea j. these two appeals are directed against a common judgment dated the 16th of february 1953 passed by the judicial companymissioner of ajmer on two analogous petitions under article 226 of the companystitution in one of which the appellants in appeal number 138 of 1954 were the petitioners while the other was filed by the appellant in appeal number 139 of 1954.
on the very next day that is to say on the 21st august 1952 a numberification was issued by which the chief companymissioner ordered the extension of the term of the companymittee up to the 20th of september 1952 and on the 28th of august following anumberher numberification was made appointing shri annigeri as a member of the companymittee.
