- (1.) The petitioners in these connected writ petitions other than petitioner No. 1 in the first three petitions are cinema exhibitors having their cinema houses in several districts of Uttar Pradesh. Petitioner No. 1 in the first three petitions is the U. P. Cinema Exhibitors Federation through its Secretary. In the State of Uttar Pradesh the employment in the cinema industry is also included in Part I of the Schedule at Item No. 19 of the Minimum Wages Act, 1948 (hereinafter referred to as the Act). The minimum wages of certain categories of persons employed in the cinematograph industry within the State of Uttar Pradesh were fixed by a notification dated August 11, 1972. The State Government of Uttar Pradesh subsequently proposed to revise the minimum wages and the proposals in this behalf as contemplated by S. 5 (1) (b) of the Act were published in the Uttar Pradesh Gazette Extraordinary dated February 20, 1975, inviting objections and suggestions from everyone concerned. It was stated in the said notification that only such objections and suggestions shall be considered which were received before March 25, 1975. A corrigendum dated March 3, 1975, was published in the U. P. (contd. on col. 2) Gazette (Extraordinary) dated March 3, 1975, to the following effect: "For the word and figures "March 25, 1975" occurring in para. 2 of Government Notification No. 5194(V)/XXXVI-5-1015 (MW)-74, dated February 20. 1975, published in the U. P. Government Gazette Extraordinary, dated Feb. 20, 1975, read the word and figures "April 25, 1975"." The effect of this corrigendum was that the notification dated February 20, 1975, was to the effect that only such objections and suggestions shall be considered which were received before April 25, 1975. Several objections were filed and ultimately the Government issued a notification dated November 1, 1975, which was published in the U. P. Government Gazette Extraordinary of the same date notifying the minimum rates of wages in respect of employment in cinema industry in Uttar Pradesh. The rates of wages as notified are as follows: (For Rates of Wages see below) It is this notification the validity of which has been challenged in these four connected writ petitions.
(2.) Shri S. C. Khare, appearing for the petitioners in writ petition No. 11973 of 1975, made the following submissions in support of his contention that the notification dated November 1, 1975, was invalid : (1) The notification dated February 20, 1975, even after its being amended by notification dated March 3, 1975, did not mention the date on which the objections were to be considered as required by S. 5 (1) (b) of the Act. "1. Basic Rates of Wages: Minimum rates of wages in respect of employment in Cinema Industry in Uttar Pradesh Sl.No. Class of employees. Rates payable by cinema houses in town with popula. tion of one lakh or more. Rates payable by touring talkies and cinema houses in towns with popula. tion of less than one lakh. Rupees per month Rupees per month 1. Head Operator 300 275 2. Accountant/Cashier 300 275 3. Operator 250 225 4. Booking Clerk/Clerk 250 225 5. Electrician 200 180 6. Painter 200 180 .7 Gate keener 180 170 8. Carpenter 180 170 9. Rewinder 170 160 10. Line Man 150 145 11. Office Peon 150 145 12. Chowkidar 150 145 13. Sweeper 150 145 14. Publicityman and other class of employees doing work of unskilled nature 150 145 (2) The notification dated March 3, 1975, was anti-dated and was also invalid in as much as it could not retrospectively validate the notification dated February 20, 1975. As such the notification dated February 20, 1975, was invalid inasmuch as the date fixed in the said notification dated March 25, 1975 fell much within two months whereas S. 5 (1) (b) contemplated the specification of a date not less than two months from the date of the notification. The notification dated February 20, 1975, was thus void and non est and could not be validated by the subsequent notification dated March 3, 1975, even if it is accepted that it was not anti-dated. (3) The Advisory Board which had to be consulted by the Government as required by the proviso to S. 5 (2) of the Act was not properly constituted inasmuch as there was no representative of the cinema exhibitors and the employers of the cinema industry on the said Board whereas the employees of the cinema industry were represented on the Advisory Board by Shri P. N. Tewari. The Advisory Board was also not properly constituted because the U. P. Government had entered in cinema business. So its officer on the Advisory Board ceased to be an independent person within the meaning of S. 9 of the Act. (4) The procedure contemplated by S. 5 (1) (b) of the Act was quasi judicial and the impugned notification was bad in as much as no oral hearing was given to the petitioner's before issuing the said notification. (5) The impugned notification was also bad in as much as it did not contain any reasons the giving of which is essential for a quasi judicial order. (6) No effective consultation was made with the Advisory Board as contemplated by the proviso to S. 5 (2) of the Act. (7) No material relevant for fixation of minimum wages in cinema industry was collected. (8) The Government did not apply its mind to the objections filed by the petitioners. (9) Wages have been fixed in an arbitrary manner. (10) Nature of the picture houses and. paying capacity of the employers was not considered. (11) In cases of cinema exhibitors in the districts of Allahabad and Varanasi the wages had earlier been fixed by Awards given in industrial disputes which were operative and as such no minimum rates of wages could be fixed or revised in respect of the employees on whom the awards were binding in view of S. 3 (2-A) of the Act.
(3.) Learned counsel appearing for the petitioners in the remaining three petitions made a statement before us that they adopted the arguments made by Shri S. C. Khare in writ petition No. 11973 of 1975. In this view of the matter and in view of the fact that the same notification is under challenge in all these four writ petitions they are being decided together.;