M.P. BIDI UDYOG SANGH, SAGAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioners, who are Bidi manufacturers, by this petition under Article 226 of the Constitution, challenge the validity of notification dated 19th December 1979 by which the rates of minimum wages of certain classes of employees in Bidi industry were revised.

(2.) THE first contention raised by the learned counsel for the petitioners is that the notification issued under section 5(1)(b) of the Minimum Wages Act, 1948 did not fix any date for consideration of their representations There is no merit in this contention. The petitioners did file their objections. They were given a date on which they were heard. There was thus no prejudice whatsoever by not specifying the date in the notification issued under section 5 (1) (b). We have taken a similar view in Misc. Petition No 179 of 1980 which has been heard along with this petition and in which the order is being delivered today.

(3.) THE last contention raised by the learned counsel is that the notification makes a provision for guaranteed wages and that there is no power under section 3 read with section 5 to fix guaranteed wages. The guaranteed wages to which objection is taken are contained in the "Annexure" to the impugned notification which reads are under: