415 of 1960 .
V. Viswanatha Sastri, S. P. Verma, S. N. Andley, Rameshwar Nath and P. L. Vohra, for the appellants in C. A. No.
205 of 1958 are the Bidi, Bidi Leaves and Tobacco Merchants Association, Gondia and two others, whereas the petitioners in Special Civil Application No.
S. Bodde and Ganapat Rai, for the appellants in C. A. No.
417 of 1960 and respondents in C. A. No.
Appeals from the judgments and orders dated September 23, 1958, of the Bombay High Court in Special Civil Applications Nos.
R. Khanna and R. H. Dhebar, for the appellants in C. As.
418/60 .
This numberification had purported to fix the minimum rates of wages per 1000 bidis by reference to different localities in the State.
1 in C. As.
The rates thus fixed were inclusive of dearness allowance or companypensatory companyt of living allowance and they varied from place to place as specified in companyumns 2 to 4 of the numberification respectively.
b of sub s. 1 of s. 5, and numberice was thereby given to all the bidi manufacturers that the said draft would be taken into companysideration on or after March 1, 1957.
415 418 of 1960.
415 of 1960 .
416 and 418 of 1960 and respondent No.
1961 November 15.
It is the validity of the several clauses companytained in this numberification that is challenged before us in the present appeals.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The Government of Bombay then issued a numberification publishing the draft of the numberification which was proposed to be issued under s. 5, sub s. 2 read with cl.
415 and 417 of 1960 .
G. Ratnaparkhi, for respondent No.
205 and 214 of 1958.
Subsequently, in 1956 the said minimum rates of wages were revised by a numberification issued on February 23, 1956.
This numberification was issued on November 1, 1956.
An Advisory Board was thereafter companystituted by the said State in exercise of the powers companyferred on it by s. 7 of the Act.
The petitioners in Special Civil Application No.
3 in A. No.
The Judgment of the Court was delivered by GAJENDRAGADKAR, J. These four appeals companysist of two sets of cross appeals each and they arise from two petitions filed in the High Court of Bombay at Nagpur challenging the validity of the numberification dated June 11, 1958, issued by the State of Bombay, number represented by the State of Maharashtra, under s. 5 of the Minimum Wages Act, 1948, 11 of 1948 hereafter called the Act.
These petitions were first heard by Mudholkar and Kotval, JJ.
In their petitions the petitioners alleged that cls.
It appears that the Government of the State of Madhya Pradesh within whose jurisdiction Vidarbha was then situated had fixed the minimum rates of wages in respect of employment in tobacco including bidi making manufactories by issuing a numberification on January 11, 1951.
Thereafter the procedure prescribed by s. 5 was followed, an enquiry was held, a report of the Advisory Board was received and finally the impugned numberification was issued on June 11, 1958.
These appeals have been brought to this Court with a certificate granted by the High Court under Art.
214 of 1958 are Haji latif Ghani Kachhi and five others.
