MADHAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Four points are urged in support of this petition. None of them seems to me to furnish any ground for interference.

(2.) The first is that some of the petitioners do not actually employ any beedi makers but get their beedies made by independent contractors, if that be so they have nothing to fear since the impugned notifications. Exs P. 1 and P. 2, state in express terms that they apply only to employees. They do not apply to independent contractors and leave the concerned petitioners unaffected.

(3.) The second is that the minimum wages fixed are considerably higher than those fixed in the neighbouring States of Madras and Mysore which compete in our markets. The result would be to kill the beedi industry in this State. This is no doubt a very important consideration which the appropriate Government must bear in mind in fixing minimum wages but it is hardly justiciable. In particular I fail to see how the fact that other State Governments have fixed lower rates for their States than the Kerala Government has fixed for this State can attract Art.14 of the Constitution which it is said has been violated.