CHATTURAM DARSANRAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application under Arts. 226 and 227 of the Constitution of India has been filed for quashing the notification dated 28th May, 1976 issued by the Central Government revising the minimum wages of the workmen employed in the mica mines. This notification is Annexure 1 to the writ application.

(2.) THE petitioners carry on mica mining business and their mica mines are situated in this State. The grievance of the petitioners is that as the workmen working in mica mines are not employed in " a scheduled employment" as defined in S. 2 (g) of the Minimum Wages Act, 1948 (hereinafter called "the Act"), the central Government had no jurisdiction to issue Annexure 1 to the writ application.

(3.) THERE is no controversy that minimum wages may be fixed by the approptiate Government in respect of the employment specified in the Schedule of the Act. There is also no controversy that the appropriate Government in relation to a mine is the Central Government. According to S. 2 (g) of the Act, Schedule employment means an employment specified in the Schedule or any process or a branch of work forming part of such employment. Item No. 10 of the Schedule is as following employment in any " mica workers". Mr. Roy, learned counsel appearing on behalf of the petitioners submitted that by virtue of Item No. 10 of the schedule appropriate Government may fix minimum wages in respect of workmen employed in any mica works and it cannot so do in respect of mica mine.