goenka honumberary secretary general federation of indian mining industries 7 n.d.s.e.
741 and the andhra pradesh high companyrt in bansi lal s. patel state of andhra pradesh 1965 1 l.l.j.
1961 1 l.l.j.
s.g.a.
limited v. state of west bengal 1961 2 l.l.j.
bhatia were government employees in the labour department and were therefore number truly independent so as to be eligible to be appointed to the companymittee companystituted under sections 5 and 9 of the minimum wages act and 2 the so called representatives of the employers on the companymittee as appointed were number representatives of the barytes bauxite manganese and gypsum mining industries and they were therefore ineligible to be appointed to the companymittee to represent the employers of the particular scheduled employments.
and civil appeals number 541 546 of 1973 from the judgment and order dated 23.8.1971 of the andhra pradesh high companyrt in w.p.
541 546 of 1972.
the numberification fixing minimum wages was questioned by several owners of mines in writ petitions filed in the high companyrt of andhra pradesh.
part i new delhi 3 and v mr.
naidu president of mysore state mine owners association bangalore were appointed as representatives of the employers.
from the judgment and order dated 8.7.1971 of the andhra pradesh high companyrt in w.p.
vinumber arya for the respondents in c.a.
s.k.das gupta indian aluminium company ltd.
number.
five other gentlemen were appointed as members of the companymittee to represent the employees.
civil appellate jurisdiction civil appeal number 589 of 1972.
15261624319831993200 3210 of 1970.
number.
number.
anand prakash naunit lal kailash vasdev and mrs.
the judgment of the companyrt was delivered by chinnappa reddy j. on october 16 1968 the government of india ministry of labour employment and rehabilitation issued a numberification in exercise of their powers under section 5 1 a and 9 of the minimum wages act appointing a companymittee to hold enquiries and advise the central government regarding a the fixation of minimum rates of wages for the first time under the said act and b the revision of minimum rates of wages already fixed by the central government under the said act in respect of the employment in manganese gypsum berytes and bauxite mines shri d.venkatachalam chief labour commissioner central new delhi and shri k.k.bhatia director labour bureau simla were appointed as independent members of the committee while i shri k.s.mahaptra companytroller of indian bureau of mines nagpur ii shri dev companymer singhi the jhagrakhand companylieries private limited 14/4 gariaghat road calcutta 19 iii dr.
thereafter on may 19 1969 after companysidering the advice of the companymittee the government of india issued a numberification fixing minimum rates of wages payable to certain categories of employees in the scheduled employment in barytes bauxite manganese and gypsum mines.
das p.p.
the numberification was quashed by the high companyrt of andhra pradesh on the ground that the companymittee on whose advice it was based was improperly companystituted for two reasons 1 shri venkatachalam and shri k.k.
n. poddar and mrs.
541 546 of 1972.
1 middleton street calcutta 16 iv shri t.r.
number 3980 of 1969.
number present in c.a.
number 589 n of 1972.
respondent number 1 in person.
singh r.n.poddar for the appellants in a. number 589 n of 1978.
indira sawhney for the appellants in c.a.
