- (1.) In Re: WP No. 1172 of 1999 In this Writ Petition the petitioner No. 1 is an Association of Drug Manufacturers and the Petitioner Nos. 2 to 5 are all its members. They are aggrieved by a Notification dated 17.8.1998 (Annexure 'C' to the Writ Petition) issued by the Labour Department of the Govt. of West Bengal whereby and whereunder, in exercise of the powers conferred by Section 3 read with Section 5 of the Minimum Wages Act, 1948, the Governor of West Bengal, after considering all representations with regard to fixation of minimum wages, was pleased to fix, in consultation with the State Minimum Wages Advisory Board, the rates specified in the Schedule appended to the said Notification, declaring them to be the minimum rates of wages payable to the employees employed in the State of West Bengal in the employment in establishments which were added to the Schedule to the Minimum Wages Act, 1948.
(2.) The petitioners have prayed for quashing of the said Notification by making a prayer to the effect that a Writ of Mandamus be issued commanding upon the respondents to withdraw, rescind and / or recall and cancel the said impugned Notification dated 17.8.1998.
(3.) The petitioners have stated that employment under Drug Manufacturers is not covered in the Schedule of the Minimum Wages Act, 1948 (hereinafter referred to as the 1948 Act). According to them, since their employment is not covered in the Schedule to the said 1948 Act, their employment does not fall within the definition of "Scheduled Employment" as per Section 2(g) of the said Act.;