Mudholkar, J. - (1.) This order will also govern Special Civil Application No. 214 of 1958. In these petitions the petitioners challenge the notification issued by the Government of Bombay in Labour and Social Welfare Department, dated 11 June, 1958, under the Minimum Wages Act, 1948. That notification runs thus : "No. MWA. 1557-J. In exercise of the powers conferred by Sub-section (2) of S. 5 read with Clause (b) of Sub-section (1) of that section of the Minimum Wages Act, 1948 (XI of 1948), and after consulting the Advisory Board and in supesession of the former Government of Madhya Pradesh Labour Department notification No. 564-451-XXIII, dated 23 February, 1956, the Government of Bombay hereby revise the minimum rates of wages in respect of the employment in any tobacco (including bidi-making) manufactory in the Vidharbha region of the State of Bombay as mentioned in the schedule hereto annexed and directed that this notification shall come into force with effect from 1 July 1958. Schedule Subject to the other provisions of this schedule, the revised minimum rates of wages payable to employee per thousand bidis (when leaves are supplied by the employer) shall be as follows : Area Revised rate in Rs. (i) Nagpur district ... 1.69 (ii) Bhandara district ... 1.62 (iii) Chanda, Akola, Buldana, Yeotmal, Amravati andWardha districts ... 1.56"
(2.) For all bidis in which 7 chataks or more of tobacco mixtures is used and for those bidis which are known as "hathakhun" bidis, there shall be an increase of 12 nP. per 1,000 bidis in the rates mentioned above in all the areas.
(3.) It shall be within the discretion of the employer to decide which are "chhat" bidis or bid bidis, up to 5 per cent of the bidis prepared by the employee. If the employer decides that any bidis are "chhat" or bad, the "chhat" or bad bidis up to 5 per cent shall be destroyed forthwith by the employee and whatever tobacco is recovered from them shall be retained by the employer. If, however, the employer wants to retain these "chhat" or bad bidis, he shall pay full wages for the same to the employee.;