MANOHAR NARAYAN JOSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution, the petitioners challenge the validity of a Notification dated 15th November, 1974 (Exhibit J to the petition) issued by the State Government by virtue of its powers under S. 5(2) of the Minimum Wages Act, 1948, hereinafter referred to as the said Act. The circumstances leading to the filing of the present petition are as follows : The petitioners herein carry on trade and business in the field of engineering industry. Under S. 27 of the said Act, the State Government is empowered to apply by a notification the provisions of the said Act to employees of any such scheduled employment as may be specified by it. The State is also entitled under the provisions of S. 3 of the said Act to fix minimum rates of wages payable to employees employed in an employment specified in Part I or Part II of the Schedule to the Act. The State is also entitled to add to either part of the said Schedule, by virtue of the powers under S. 27 of the said Act, any employment in respect of which it is of the opinion that minimum rates of wages should be fixed under the said Act. By virtue of its powers under S. 5 of the said Act, the State Government appointed a Committee to hold enquiries and to advise it in respect of fixation of minimum rates of wages qua employment in engineering industry. On the said Committee, there were representatives both of the employers as also of the employees. Chairman of the said Committee was one Mr. D. G. Kale, the then Chief Labour Commissioner.

(2.) After considerable labour and industry as also considerable investigation, enquiries, recording of evidence, and also after meeting several representatives, both of the employers as also of the employees, including representative bodies in either categories, the Committee ultimately submitted its report in August, 1974. After receiving the said report, the State Government further considered the matter and applying its mind to the different aspects involved therein, ultimately issued the impugned Notification dated 15th of November, 1974, giving effect thereto from 1st December, 1974. Under the said notification, issued in exercise of powers conferred by clause (a) of sub-s. (1) of S. 3, read with sub-s. (2) of S. 5 of the said Act, the State Government fixed the minimum rates of wages consisting of (a) the basic rates of wages as set out in column 3 of the First Schedule to the said notification in respect of each Zone specified in the same column for the classes of employee mentioned against them in column 3 thereof, and (b) a special allowance, the rate of special allowance being adjusted as provided in clause of the said notification. The petitioners herein, contending that they were adversely affected by the aforesaid notification, have consequently challenged the legality and validity thereof in the present petition filed in this Court in February, 1975.

(3.) In support of the petition, we have heard Mr. P. Ramaswami, the learned advocate for the petitioners. The State is represented before us by the learned Assistant Government Pleader Mr. S. P. Kanuga. Respondents Nos. 2, 3 and 4 are represented by their learned counsel Mr. B. A. Desai. Respondents Nos. 5, 6 and 7 are represented by their learned advocate Mr. I. A. Saiyed. So far as these respondents are concerned, their interests are virtually the same. They represent the interests of the employees who had appeared in this Court in pursuance of a public notice earlier issued under the provisions of Order 1, Rule 8 of the Code of Civil Procedure.