KERALA FILM CHAMBER OF COMMERCE AND OTHER Vs. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM

JUDGEMENT

(1.) The petitioners pray for the issue of an appropriate writ calling for the records leading to Ext. P-l notification, and for quashing Ext. P-l.

(2.) The Kerala Film Chamber of Commerce, Ernakulam, a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1956, is the first petitioner. The other petitioners are members of the 1st petitioner-society. The Kerala Government had by its notification Ext. P2 dated 3-12-1957. pursuant to Sec. 27 of the Minimum Wages Act 1948, added "Employment in Shops and Establishments (including hotels and restaurants)" as item 21 in Part I of the schedule to the said Act, and by the notification dated 9-11-1960 introduced minimum rate of wages for the first time for employees in Shops and Establishments (including hotels and restaurants). Thereafter, by a notification dated 28-12-1966 under Sec. 3 (1) (b) read with Sec. 5 (1) (b) of the Minimum' Wages Act the Government invited objections to the proposals for revision of the minimum wages fixed by the notification dated 9-11-1960. A copy of the notification is produced as Ext. P-3. The petitioners as well as other interested institutions filed objections before the Government. Ext. P-4 is the objection filed by the 1st petitioner, and Ext. P-5 the objection filed by the 3rd petitioner. It was after consulting the Advisory Board that Government published Ext. P-3 notification. After receipt of the objections and representations, Government convened a conference of those who sent objections and representations, and it was after considering the objections and representations that Ext. P-l notification was published revising the rate of minimum wages fixed under the notification dated 9-11-1960.

(3.) The petitioners contend that the Advisory Board was not in a position to tender an informed advice as the Board had no materials before them, that the Board did not call for representations or objections from interested parties or heard them, that some of the persons for whom rate of minimum wages has been fixed are not employees within the meaning of the definition of that term in the Act, and that no classification based on regional differences in the cost of living was made, and the fixation of the rates of minimum wages on a State wise basis is discriminatory.