LAWS(CAL)-1976-9-48

GAGANENDRA KUMAR GHOSE Vs. STATE OF WEST BENGAL

Decided On September 08, 1976
GAGANENDRA KUMAR GHOSE Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The petitioners, who are all Oil Mill owners have, in this Rule, challenged the notification dated June 3, 1975 issued by the Government of West Bengal, Labour Department under Sec. 5 (2) of the Minimum Wages Act, 1948 , hereinafter referred to as the Act. By that notification, the Government has fixed on revision the monthly rates of wages payable to the different categories of employees employed in the Oil Mills in the State of West Bengal with effect from January 1, 1975. Prior to this notification, another notification dated November 1, 1974 was issued by the Government of West Bengal under Section 5 (1) (b) of the Act proposing the minimum monthly rates of wages payable to the employees employed in the Oil mills in West Bengal, The petitioners and other Oil Mill owners submitted their representations against the proposed minimum rates of wages. After considering the said representation, the Government published the impugned notification revising the minimum rates of wages......

(2.) Employment in any oil mill is a scheduled employment under the Act and it is not dispute 1 that the provisions of the Act will apply to such employment. Under Section 3 of the Act, the appropriate Government shall in the manner provided therein fix, review and revise the minimum wages of scheduled employments. Section 4 provides as follows:

(3.) In assailing the impugned notification under Section 5 (2), the following contentions have been made on behalf of the petitioners: