ARBUDA BHUVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution takes various contentions in respect of notification dated 31-10-1985 annexed at Ex. E being an annexure to the petition.

(2.) PETITIONERS are owners of what is described as "tea shops" and an association of such owners doing business in the preparation, distribution and sale of the beverage tea in Greater Bombay. The Minimum Wages Act, 1948--hereinafter referred to as the Act--is a piece of legislation enabling fixing of minimum rates of wages in certain employments. At the time the Act was introduced, it had a Schedule consisting of two parts being known as Part I and Part II. These parts did not include employment in hotels, restaurants and eating houses. By the Minimum Wages (Maharashtra Amendment) Act, 1960 Part I of the Schedule was further amended to include :---Employment in any residential hotel, restaurant or eating house as defined in the Bombay Shops and Establishments Act, 1948. (Shops Act)" "restaurant or eating house" has been defined in the Shops Act as-

(3.) LEARNED Counsel representing the petitioners has made three submissions. First, he contends that the prescribed procedure for the issue of a notification fixing the minimum wage in an employment was not followed by the State Government before the issue of the impugned notification. Secondly, he submits that the notification as issued does not cover employment in tea shops. Third, is the submission that in case the notification be deemed to cover employees working in tea shops, the same is arbitrary inasmuch as it purports to treat unequals as equals. There is no merit in any of the contentions raised and the petition is dismissed for the reasons given below.