Vyas, J. - (1.) This is an application under Art. 226 of the Constitution of India by the owners of the bidi-manufacturing concerns of Sangamner, Akola and places within seven miles of their respective municipal limits and it raises certain important questions of law.
(2.) In the year 1948 the Central Legislature passed an Act No. XI of 1948, called the Minimum Wages Act. Section 3(1) of the Act empowers the appropriate Government to fix the minimum rates of wages for certain industries which are described as "scheduled industries." Section 3, Sub-section (3), Clause (a), Sub-clause (iv), provides that different minimum rates of wages may be fixed for different localities at the time of fixing or revising the minimum rates of wages. Section 4 lays down what the minimum rates of wages fixed or revised by the appropriate Government under S. 3 may consist of. Section 5 Sub-section (1), Clause (a), provides for the appointment of a committee to hold enquiries in the matter of fixing minimum rates of wages in respect of any scheduled employment. Section 5, Sub-section (2), empowers the appropriate Government to fix the minimum rates of wages in respect of each scheduled employment, after considering the advice of the committee appointed under Clause (a) of Sub-sec, (1) of S. 5. Section 6 requires the appropriate Government to appoint advisory committees and sub-committees to inquire into the conditions prevailing in any scheduled employment and to advise the appropriate Government in the matter of revising the rates of wages in respect of such employment. Under S. 7 the appropriate Government is empowered to appoint an advisory board for co-ordinating the work of the advisory committees and sub-committees. Section 8 provides that the Central Government shall appoint a central advisory board for the purpose of advising the Central Government and State Governments in the matters of fixation and revision of minimum rates of wages and other matters under the Act and for co-ordinating the work of the advisory boards. Section 10 lays down that before revising any minimum rates of wages fixed under the Act the appropriate Government shall consult all the advisory committees appointed under S. 6 and the advisory board also. Section 20 empowers the appropriate Government to appoint an authority to hear and decide for any specified area all claims arising out of payment of less than the minimum rates of wages to employees employed or paid in that area. Sub-section (2) of S. 20 provides that where an employee is paid less than the minimum rates of wages fixed for his class of work under the Act, the employee himself, or any legal practitioner or any official of a registered trade union authorized in writing to act on his behalf, or any inspector, or any person acting with the permission of the authority appointed under Sub-section (1), may apply to such authority for a direction under Sub-section (1), may apply to such authority for a direction under Sub-section (3) of S. 20. Then there is S. 26, Sub-section (2A) whereof provides : "The appropriate Government may, if it is of opinion that, having regard to the terms and conditions of service applicable to any class of employees or in a scheduled employment in a local area, it is not necessary to fix minimum wages in respect of such employees of that class as are in receipt employees of that class as are in receipt of wages exceeding such limit as may be prescribed in this behalf, direct, by notification in the official gazette and subject to such conditions, if any, as it may think fit to impose, that the provisions of this Act or any of them shall not apply in relation to such employees."
(3.) In the year 1952 the State of Bombay issued a notification No. 146/48-XIII under S. 5, Sub-section (2), of the Act (the minimum Wages Act) fixing the rates of minimum wages with effect from 31 March, 1952, for workers employed in bidi-manufacturing concerns. Under that notification the districts of Thana, Ahmednagar. East Khandesh, West Khandesh, Nasik, Poona, Satara North, Kolaba and Dangs comprised Zone No. III; the districts of Banaskantha, Panchmahals, Broach and Surat comprised Zona No. II; and the districts of Dharwar, Bijapur, Belgaum, Kanara, Ratnagiri, Sholapur, Satara South and Kolhapur comprised Zone No. IV. The notification provided that in the districts comprised in Zone No. III the minimum rate of wages to be paid to employees working in the bidi-manufacturing concerns in that zone was Rs. 2 for thousand bidis.;