MADHYA PRADESH MINERAL INDUSTRY ASSOCIATION NAGPUR Vs. REGIONAL LABOUR COMMISSIONER CENTRAL JABAL PUR

JUDGEMENT

(1.) 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 notification issued by the Madhya Pradesh State Government on 30-3-1952, under S. 5(2) of the Minimum Wages Act, 1948 (11 of 1948) (hereinafter called the Act).

(2.) The High Court of Bombay at Nagpur dismissed the appellant's petition but has granted the appellant a certificate of fitness under Art. 133(1) (c) of the Constitution. It is with the said certificate that the present appeal has been brought to this Court.

(3.) The appellant is a non-profit making company limited by guarantee and registered under S. 26 of the Indian Companies Act, 1913. It has been formed with the object of protecting and promoting the interest of its members-shareholders who are engaged in the mining industry by all legitimate and constitutional means. It appears that under Art. 258 of the Constitution the President of India by notification No. S. R. O. 2052 published on 11-12-1951, entrusted Governments of certain States including the Madhya Pradesh with their consent 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. Pursuant to the said delegation the Madhya Pradesh Government issued the impugned notification purporting to act under S. 5(2) of the Act. This notification has prescribed the minimum rates of wages for employment in stone-breaking or in stone-crushing operations carried on in mines. The rates thus prescribed were inclusive of dearness allowance or compensatory cost of living allowance.