- (1.) Challenge in this petition is to Clause (iii) of para 7 of the Explanation in Notification No. 514(E) dated July 12, 1994 issued by the Government of India, Ministry of Labour in purported exercise of powers conferred by Section 3(1 )(b) read with Section 4(1)(iii) and 5(2) of the Minimum Wages Act, 1948 (for short '1948 Act' and substance of the contentions raised in the writ petition is that the inclusion sought to be made was impermissible in the background of what has been stated in the Mines Act, the Mines Rules and other pieces of legislation dealing with mining activities. The relevant portion of the Notification reads thus: "Explanation for the purpose of Notification: 7. A person working or employed in or in connection with a mine is said to be working or employed "below ground" if he is working or employed:- (i) in a shaft which has been or is in the course of being sunk; or (ii) in any excavation which extends below superjacent ground; or (in) in an open cast working in which the depth of the excavation measured from its highest to its lowest point exceeds six metres."
(2.) It is averred in the writ petition that while there can be no objection to sub-paras (i) and (ii) above, as being person working or employed below ground, yet there exists no valid reason or basis for treating a person working or employed in an open cast working in which the depth of the excavation measured from its "highest to its lowest point exceeds six metres" or employed below ground. It is further stated that under various Mines Laws, the word "open cast working" has been defined for example under the Mines Act, 1952 the definition of the open cast working has been given in Section 21(kk) as follows : "Open cast working means a quarry that is to say, an excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, not being a shaft or an excavation, which extends below superjacent, ground: Thus, working in any open cast mine without any limitation as to its depth, subject to the working not extending below restricted to open cast workings and for working in underground mines unrestricted certificate or competency from the Director of Mines safety is required. It is, thus submitted that a mine remains an open cast (restricted type) irrespective of the depth of its workings. The Mines Rules provide for maintaining a separate register in form 'C' for workers working in underground mines. Such a register is not required to be maintained for workers working in open cast mines. It Is further submitted that the Mineral Conservation and Development Rules under Mineral Development and Conservation Act categorically state thereunder in Rule 17 the method of mining to be followed for open cast mines and underground mines operations respectively. It is thus stated that it can be seen from the Mines Act; Mines Rules; Indian Metalligferous Mines Regulations, Mineral Conservation and Development Rules and Labour Legislation that differentiation is maintained between the working conditions of workers in open cast (irrespective of depth) and underground mines. It is therefore, submitted that there is no rationale in treating workers working 6 metres below the top as being at par with workers of underground mines. It is averred that the attempt by the respondent to merge two categories of employees together by providing an explanation to the notification is wholly violative of Article 14 of the Constitution of India, inasmuch as an attempt has been made to make two unequals equals."
(3.) The respondents did not file reply to the writ petition but orally urged that no ground exists for quashing the impugned Notification. Reliance is placed on Ministry of Labour and Rehabilitation; and Another v. Tiffin's Barytes Asbestos and Paints Ltd. and Another AIR 1985 SC 139 : (1984) 4 SCC 447 wherein the Hon'ble Supreme Court propounded that the Notification; fixing minimum wages is not to be lightly interfered with under Article 226 except on the most substantial grounds.;