GOVINDARAM JHUNJHUNWALLA Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) PETITIONER is the managing partner of a firm by name M/s. Surajmal Kashiprasad which runs a shop in the town of Cuttack. The Scheduled Employments under the provisions of the Minimum Wages Act of 1948 (hereinafter referred to as the 'Act') have been specified in the Schedule, to the Act. The State Government in exercise of its powers under Section 27 of the Act has by notification dated 8th of January, 1962, added to the Schedule several items numbered as 12 -A to 12 -L. Item No. 12 -E is "Employment in Hotels, Eating Houses and Restaurants" while item No. 12 -G is "Employment in Shops and Establishments". Item No. 12 -I is "Employment in Cinema Industry". With a view to fixing minimum wage as provided by the Statute, the State Government in exercise of powers under Section 5(1)(a) of the Act appointed a Committee to hold enquiries and advise the Government by notification dated 1sr of February. 1968. The Scheduled Employments were described as "Employment in Cinema Industries, Hotels, Eating Houses and Restaurants and shops and commercial establishments", The Committee, as would appear from Annexure -2, consisted of

(2.) IN the counter affidavit filed by the Deputy Secretary to Government in the Labour and Housing Department, the action taken has been supported. Petitioner thereafter has filed a rejoinder.

(3.) WE would accordingly allow the application, quash the notification under Annexure -1 and leave it open to the Government to take appropriate steps in accordance with law for determining minimum wages. There would be no order for costs.