STATE OF RAJASTHAN Vs. DUDUWALA AND CO

JUDGEMENT

(1.) IN both these appeals, a question about the validity of Minimum Wages (Rajasthan Amendment and Validation) Act, 1969 (hereinafter referred to as 'the Amending Act') has been raised.

(2.) M/s Duduwala & Co. , Bhilwara and M/s Rajasthan Mineral and Co. , Bhilwara filed two separate writ petitions in this Court challenging the validity of the provisions of the Amending Act. The learned single Judge by his orders dated September 24, 1971 declared that the provisions of the Amending Act were ultra vires of the powers of the State Legislature. The main order was passed by the learned single Judge in the case of M/s Duduwala & Co. , while in M/s Rajasthan Mineral & Co. 's case the learned single Judge observed that the facts and circumstances of that case were identical with those of M/s Duduwala & Co 's case and that the order given in Duduwala & Co. 's case would also govern and shall be considered as part of the order in M/s Rajasthan Mineral Co. 's case.

(3.) THE provisions of the Amending Act were challenged by the writ petitioners mainly on the ground that the State Legislature was not competent to enact a law relating to labour employed in the mines in the State of Rajasthan. THE contention advanced by the writ petitioners was accepted by the learned Single Judge, who held that under Entry No. 55 of List I of the Seventh Schedule to the Constitution of India, Parliament had exclusive jurisdiction to enact laws regulating labour and safety in mines and oil fields. THE learned Judge held that the Minimum Wages Act was enacted for the welfare of labour and as such only Parliament was competent to amend the principal Act in respect of labour working in the mines and that the State Legislature was not competent to enact a law regulating the conditions of labour working in the mines.