SADHAURA TRANSPORT COMPANY (P) LTD Vs. PUNJAB STATE

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution filed by the Sadhaura Transport Company (Private) Limited, who are carrying on a public motor transport business, in the district of Ambala, challenging the validity of a notification issued in the Punjab Government Gazette, on the 12th of February, 1960. The State of Punjab and the District Motor Transport Workers Union, Ambala, have been impleaded as Respondents. The impugned notification reads

(2.) Then follows a detailed list of all categories of employees concerned with motor transport. They fall into three groups: Section A General Staff, containing categories Nos. 1 to 52, ranging from Head Clerk and Head Accountant to Punkha Puller, Section B Workshop Staff, containing 33 categories, ranging from Head Mistry to Lorry Washer; and Section C Running Staff, containing 3 categories, the minimum wages of each category are fixed, ranging from Rs. 175 to Rs. 60 per month for the lowest range. The relevant provisions of the Act read

(3.) It may be mentioned that by the provisions of Section 2(b) "appropriate Government" is the State Government except in relation to scheduled employment carried on by or under the authority of the Central Government or a railway administration, or in relation to a mine, oilfield or major port, or any corporation established by a Central Act. Section 5 provides the procedure for fixing and revising minimum wages. It reads