(1.) THIS order will also govern Miscellaneous Petitions Nos. 281, 300 and 305, all of 1962.
(2.) THE petitioners in these four cases under Article 226 of the Constitution challenge the vires-of the Madhya Pradesh Minimum Wages Fixation Act, 1962, (hereinafter referred to as the Act), and seek a declaration that the Act is invalid, ultra vires and unenforceable and pray that the opponents be restrained by a suitable direction from putting the Act into operation.
(3.) TWO of the petitioners are manufacturers of Bidis. The other petitioners carry on the business of running transport services. By notifications Nos. 306 to 309 XVI58, dated the 30th December 1958, issued under the Minimum Wages Act, 1948, (hereinafter referred to as the Central Act), the Government fixed rates of minimum wages for certain employments including Bidi-mak-ing manufactory and public motor transport. The rates of minimum wages set out in the notifications were brought into force from 1st January, 1959. These notifications were struck down by this Court as invalid and inoperative in anand Transport Co. , (Private) Ltd. v. State of Madhya Pradesh, M. P. No. 150 of 1959, D/- 28-4-1960 (UP ). Corporation of City of Jabalpur v. State of Madhya pradesh, M. P. No. 66 of 1959, D/- 20-7- 1960 (MP) and Narottamdas v. P. B. Gowarikar, 1961 MPLJ 302 : (AIR 1961 Madh Pra 182 ). The notifications having been struck down by this Court, the State Legislature enacted the Minimum Wages (Madhya Pradesh Amendment and Validation) Act, 1961, (hereinafter referred to as the Validation Act ). After the Validation Act came into force, five petitions under Article 226 of the constitution were filed in this Court questioning its validity on various grounds (see Dayalal Meghji and Co. , Firm v. State of M. P. , 1962 MPLJ 849 : (AIR 1962 madh Pra 342) ). The petitioners in those cases, however, concentrated their attack on Section 31-A inserted in the Central Act by the Validation Act, which ran as follows -