Appeal from the judgment and order dated July 25, 1967 of the Mysore High Court in Writ Petition No.
By numberification issued by the Appropriate Government under the Minimum Wages Act, 1948 minimum wages were fixed for those employed in stone breaking or stone crushing in Gulbarga District.
CIVIL APPELLATE JURISDICTION10N Civil Appeal No.
Palekar, J. This appeal by certificate granted by the High Court of Mysore raises an interesting point as to whether quarrying of Shahabad stone is an activity which companyld be properly described as stone breaking or stone crushing mentioned in the Schedule to The Minimum Wages, Act, 1949.
1860 of 1965.
40 of 1968.
B. Datar, for respondent No.
Srinivasamurthy and Naunit Lal, for respondent No.
was delivered by Palekar, J. Mathew, J. delivered a dissenting opinion.
H. Dhebar, for the appellant.
The Judgment of Vaidialingam and Palekar, JJ.
Ltd., Chittapurwhich was quarrying a variety of stone called Shahabad Stone in Chittapur, District Gulbarga, was engaged in the activity of stone breaking and stone crushing, and since respondent number 1 was in breach of some of the provisions of the Minimum Wages Act, 1948 and the rules made thereunder he adopted proceedings to enforce the provisions in the companyrt of the Munsif Magistrate, Chittapur, respondent number 3.
The appellant Inspector was of the view that respondent number Chittapore Stone quarrying Company Pvt.
Respondent number 1 thereupon filed a writ petition for quashing the proceedings Writ Petition No.
