CASHEW FACTORY OWNERS DEVELOPMENT ASSOCIATION OF TAMILNADU Vs. STATE OF TAMILNADU, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LABOUR AND EMPLOYMENT AND OTHERS

JUDGEMENT

(1.) Heard the learned counsel on either side.

(2.) The petitioner is a registered Association of the owners of the cashew factories in the State of Tamilnadu. The petitioner is aggrieved by the impugned notification issued under the provisions of Minimum Wages Act, 1948 [hereinafter referred to as "the Act"] revising the minimum rates of wages for the employment in cashewnut industry.

(3.) The learned counsel appearing for the petitioner would assail the impugned notification on the ground that the procedure set out in Section 5 of the Act was not followed. Emphasis was laid by the learned counsel on the expression "shall" occurring in Section 5, which indicates the mandatory nature of the provisions. It was pointed out that even though objections were given, the same was not even taken into account, while passing the final notification.