LAWS(ORI)-1977-8-43

TOWN BIDI FACTORY Vs. STATE OF ORISSA

Decided On August 03, 1977
TOWN BIDI FACTORY Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) Petitioner No. 1 is a registered firm and petitioners 2 and 5 are its partners and they are engaged in manufacture of bidi. Ordinarily Bidi rollers are not permanent employees of any particular manufacturing concern and many take it as a side employment. The Minimum Wages Act, '11 of 1948 (hereinafter referred to as the 'Act') was brought into the Statute Book with a view to making provision for fixation of minimum rates of wages to be paid in respect of scheduled employments. Tobacco manufactory including bidi-making is a scheduled employment. Under S 5 of the Act, procedure for fixation and revision of minimum wages has been laid down. Sub-section (1) provides :

(2.) The opposite party has filed a counter affidavit through its Under Secretary in the relevant Department and has sought to justify the notification in question.

(3.) On hearing learned counsel for parties, we are of the view that three questions mainly arise for consideration: