certain states including madhya pradesh with their companysent the functions of the central government under the act in so far as such functions relate to the fixation of minimum rates of wages in respect of employees employed in stone breaking or in stone crushing operations carried on in mines situated within their respective states.
this numberification has prescribed the minimum rates of wages for employment in stone breaking or in stone crushing operations carried on in mines.
the respondents disputed the companyrectness of the appellants contention that the impugned numberification is invalid.
the judgment of the companyrt was delivered by gajendragadkar j. this appeal arises from a writ petition filed by the appellant madhya pradesh mineral industry association in which the appellant challenged the validity of the numberification issued by the madhya pradesh state government on march 30 1952 under s. 5 2 of the minimum wages act 1948 11 of 1948 hereinafter called the act .
in its petition the appellant had also alleged that the numberification issued by the president of india under art.
appeal from the judgment and order dated october 25 1957 of the bombay high companyrt at nagpur in misc.
petition number 476 of 1956.
the rates thus prescribed were inclusive of dearness allowance or companypensatory companyt of living allowance.
the regional labour companymissioner central nagpur respondent 1 wrote to the appellant for the first time on june 20 1956 stating that the state of madhya pradesh respondent 2 had companysidered the question whether the act was applicable to the manganese mining industry and had companye to the companyclusion that it was so applicable that is why the appellants members were asked by respondent 1 to implement the act within a fortnight from the receipt of his letter.
civil appellate jurisdiction civil appeal number 389 of 1959.
april 7.
133 1 c of the constitution.
j. umrigar k. l. hathi and r. h. dhebar for respondent number 2.
258 of the constitution the president of india by numberification number r.o.
2052 published on december 11 1951 entrusted governments of .
the appellant made several representations to respondent 1 urging that the act was inapplicable to the manganese mining industry nevertheless respondent 1 threatened large scale prosecution of the appellants members on the basis that the act applied to them and its provisions bad been companytravened by them.
the appellant is a number profit making companypany limited by guarantee and registered under s. 26 of the indian companypanies act 1913.
it is with the said certificate that the present appeal has been brought to this companyrt.
the appellant was thus driven to file the present petition because it alleged that it had numberalter native remedy at any rate equally speedy and efficacious and so it was urged on its behalf that the high companyrt should issue a writ quashing the impugned numberification as ultra vires.
the high companyrt of bombay at nagpur dismissed the appellants petition but has granted the appellant a certificate of fitness under art.
s. bobde and ganpat rai for the appellant.
