MADHYA PRADESH MINERAL INDUSTRY ASSOCIATION NAGPUR Vs. REGIONAL LABOUR COMMISSIONER CENTRAL JABAL PUR
LAWS(SC)-1960-4-7
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on April 07,1960

MADHYA PRADESH MINERAL INDUSTRY ASSOCIATION,NAGPUR Appellant
VERSUS
REGIONAL LABOUR COMMISSIONER (CENTRAL),JABALPUR Respondents





Cited Judgements :-

STATE OF MAHARASHTRA VS. MOHANLAL DEVICHAND SHAH [LAWS(SC)-1965-3-45] [REFERRED TO]
LINGEGOWD DETECTIVE AND SECURITY CHAMBER PRIVATE LIMITED VS. MYSORE KIRLOSKAR [LAWS(SC)-2006-5-8] [REFERRED TO]
AJAY BANSAL VS. STATE OF DELHI [LAWS(DLH)-2007-7-207] [REFERRED TO]
PRAKASH TEXTILES GUJARAT PRIVATE LIMITED AHMEDABAD VS. STATE OF GUJARAT [LAWS(GJH)-1993-12-4] [FOLLOWED]
KALA DEVI VS. STATE OF H P [LAWS(HPH)-2009-4-10] [REFERRED TO]
PONDUR MILK PRODUCERS CO OPERATIVE SOCIETY VS. AUTHORITY UNDER MINIMUM WAGES ACT AND ASSISTANT COMMISSIONER OF LABOUR ONGOLE [LAWS(APH)-1998-12-65] [REFERRED TO]
KOHINOOR PICTURES PRIVATE LTD VS. STATE OF WEST BENGAL [LAWS(CAL)-1961-9-18] [REFERRED TO]
ASANSOL BUS ASSOCIATION VS. ASST LABOUR COMMISSIONER [LAWS(CAL)-1966-4-14] [REFERRED TO]
CENTRAL INDIA EXCISE TRADERS VS. REGIONAL P F COMMISSIONER [LAWS(MPH)-1989-12-21] [REFERRED TO]
STATE OF MAHARASHTRA VS. MOHANLAL DEVICHAND SHAH [LAWS(BOM)-1963-2-3] [REFERRED TO]
GAYA PRASAD JAGANNATH PRASAD VS. UNION OF INDIA [LAWS(MPH)-1980-7-22] [REFERRED TO]
RATNAGIRI JILLAH SAHAKARI BANK KARMACHARI SANGH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2003-7-122] [REFERRED TO]
RAY LIME STONE AND CO VS. SUBDIVISIONAL OFFICER [LAWS(PAT)-1967-5-8] [REFERRED TO]
IMPERIAL TOBACCO CO OF INDIA LTD VS. STATE OF BIHAR [LAWS(PAT)-1969-4-8] [REFERRED TO]
STATE OF MAHARASHTRA VS. MOHANLAL DEVICHAND SHAH [LAWS(SC)-1965-3-22] [REFERRED]
LABOUR INSPECTOR CENTRAL VS. CHITTAPORE STONE QUARRYING GO PRIVATE LIMITED [LAWS(SC)-1972-4-31] [RELIED ON]
LINGEGOWD DETECTIVE AND SECURITY CHAMBER P LIMITED VS. MYSORE KIRLOSKAR [LAWS(SC)-2006-5-77] [REFERRED TO]
U P JAL NIGAM VS. DRIPLEX WATER ENGINEERING LTD [LAWS(ALL)-2007-12-128] [REFERRED TO]
D M S RAO VS. STATE OF KERALA [LAWS(KER)-1961-9-26] [REFERRED TO]
VIJAY SHARMA VS. STATE OF PUNJAB [LAWS(P&H)-2001-12-28] [REFERRED TO]
SUKUMARAN VS. STATE OF KERALA [LAWS(KER)-1972-1-34] [REFERRED TO]
KHUSHI RAM VS. JASWANT RAJ AND ORS. [LAWS(P&H)-1966-8-20] [REFERRED TO]
SMT. MAYA VS. NARAIN DASS AND OTHERS [LAWS(ALL)-1970-3-24] [REFERRED TO]
GOVERNMENT OF ANDHRA PRADESH AND ORS. VS. LAKAMSANI SAMBA SIVA RAO AND ORS. [LAWS(APH)-2015-8-62] [REFERRED TO]
E. K. VENKATESAM VS. GOVERNMENT OF INDIA, MINISTRY OF LABOUR AND ANOTHER [LAWS(APH)-1978-2-56] [REFERRED TO]
MANORAMA S.MASUREKAR VS. DHANLAXMI G. SHAH [LAWS(BOM)-1965-12-7] [REFERRED TO]
R.D.S.O. BASIC SCHOOL AND OTHERS VS. PRESCRIBED ANTHORITY AND OTHERS [LAWS(ALL)-1991-8-115] [REFERRED TO]
LANCO ANPARA POWER LIMITED VS. STATE OF UTTAR PRADESH & ORS. [LAWS(SC)-2016-10-31] [REFERRED TO]
ISSARDAS K BROTHERS VS. STATE OF RAJASTHAN [LAWS(RAJ)-1980-5-16] [REFERRED]
SHRI KRISHAN VS. JASODA DEVI AND ORS. [LAWS(DLH)-2017-9-198] [REFERRED TO]
SOUTH EASTERN COALFIELDS LTD VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-1-29] [REFERRED TO]
SUBBARAYA SOLVENT OIL EXTRACTION (P) LTD. KAKINADA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1974-9-21] [REFERRED TO]
FEDERATION OF OKHLA INDUSTRIAL ASSOCIATION (REGD ) VS. LT GOVERNOR OF DELHI AND ANR [LAWS(DLH)-2018-8-85] [REFERRED TO]


JUDGEMENT

- (1.)This appeal arises from a writ petition filed by the appellant, Madhya Pradesh Mineral Industry Association, in which the appellant challenged the validity of the notification issued by the Madhya Pradesh State Government on 30-3-1952, under S. 5(2) of the Minimum Wages Act, 1948 (11 of 1948) (hereinafter called the Act).
(2.)The High Court of Bombay at Nagpur dismissed the appellant's petition but has granted the appellant a certificate of fitness under Art. 133(1) (c) of the Constitution. It is with the said certificate that the present appeal has been brought to this Court.
(3.)The appellant is a non-profit making company limited by guarantee and registered under S. 26 of the Indian Companies Act, 1913. It has been formed with the object of protecting and promoting the interest of its members-shareholders who are engaged in the mining industry by all legitimate and constitutional means. It appears that under Art. 258 of the Constitution the President of India by notification No. S. R. O. 2052 published on 11-12-1951, entrusted Governments of certain States including the Madhya Pradesh with their consent the functions of the Central Government under the Act in so far as such functions relate to the fixation of minimum rates of wages in respect of employees employed in stone-breaking or in stone-crushing operations carried on in mines situated within their respective States. Pursuant to the said delegation the Madhya Pradesh Government issued the impugned notification purporting to act under S. 5(2) of the Act. This notification has prescribed the minimum rates of wages for employment in stone-breaking or in stone-crushing operations carried on in mines. The rates thus prescribed were inclusive of dearness allowance or compensatory cost of living allowance.
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