R.K.MAHAJAN,J. - (1.) CASE called out in the revised list. None appears for the petitioners. Shri K.P. Agarwal for the respondents.
(2.) THIS is a writ petition in the nature of certiorari quashing the impugned notification No. 9S1/XXXVI -I -1075 (St) -85 dated 15 -3 -1991 (Annexure No. 7). The petitioner have further prayed that a writ in the nature of mandamus be also issued commanding the respondents No. 1 to 4 not to take any proceedings in pursuance of the impugned notification. The writ petition relates to quash ­ing of notification (Annexure No. 7) regarding fixing of minimum rate of wages in respect of workmen employed in hotel and restaurants in Uttar Pradesh. Vide notification dated 15 -3 -1991 the rates of pay of Dhaba Restaurant workers were increased considering the rise in prices by issuing notification under Section 3 (b) of U.P. Industrial Disputes Act (U.P. Act No. 28 of 1947). This notification has been challenged on the grounds that notifica ­tion is arbitrary and invalid. It is also al ­leged that there was no emergency or any other ground to fix the revised wages. It was further alleged that there was no threat or strike during the last seven years in this industry. An extract of notification dated 15 -3 -1991 is quoted with an advantage: "Whereas workmen employed in Hotel and Restaurant Industries have been consis ­tently pressing for a long time for revision of their wages and special allowance: And whereas in the last several years there has been phenomenal increase in dearness and great resentment was prevailing among the workmen. Keeping in view of this a Tripartite Conference of this Industry was convened on October 25,1989. In spite of due information of this Conference, employers did not participate, rather boycotted it; And whereas workmen of the aforesaid industry have threatened that if their wages and dearness allowance are not revised they would resort to strike; And whereas in the opinion of the State Government it is necessary so to do for securing the maintenance of public order and for main ­taining employment; Now, therefore, in exercise of powers under clause (b) of Section 3 of the U.P. In ­dustrial Disputes Act, 1947 (U.P. Act No. 28 of 1947), the Governor is pleased to make follow ­ing order and under Section 19 of the said Act to direct that the notice of this order shall be given by publication in the Gazette: ORDER Minimum Rates of Wages in respect of workmen employed in Hotels and Restaurants in Uttar Pradesh. 1. The minimum rates of wages payable to adult workmen for different classes of work on 167 points of All India Consumer Price Index Number (Base: 1982 = 100) shall be as follows: (i) (a) Minimum rates of wages payable to adult workmen for different classes of work un ­dertaken at Mussoorie, Dehradun, Haldwani, Nainital, Lucknow, Varanasi, Agra, Faizabad, Hardwar. Mathura cities and at other cities having population above one lakh S. No. Description of Minimum wages per Hotels and Restaurants month in rupees for dif ­ferent class of workmen. 1. Dhaba or Res taurantsonthe road side or in colonies (Mohalla) in which less than five work -men are employed Annual increments A B C D E F 520 546 590 650 871 988 5.00 5.00 5.00 6.00 8.00 10.00
(3.) THE operation of the impugned notification has been stayed by this Court on 30 -5 -1991.;