GUJARAT STATE WEIGHTS AND MEASURES REPAIRERS ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Believe it or not it is true. Even when it has not become possible to statutorily fix the minimum wages of workers in all spheres or to ensure obeisance thereto where such fixation has been made maximum (and not minimum) wages have been fixed for petty self-employed workers engaged in repairs of weights and measures. And it is in this context that those engaged in this repairing work have organized themselves into a registered Union under the Trade Unions Act 1976 and have instituted the present petition under Art. 226 of the Constitution of India inter alia challenging the fixation of maximum charges made by the Controller of Weights and Measures appointed under the Bombay Weights and Measures (Enforcement) Act 1958 in purported exercise of powers conferred by the Bombay Weights & Measures (Enforcement) (Gujarat Amendment) Rules of 1978 the validity of which has also been questioned. The said rules in so far as relevant read thus:-

(2.) By virtue of the aforesaid Rules a new condition viz. condition 1(A) has been introduced in the existing form. It is in the following terms:-

(3.) We propose to deal with the first submission at this juncture. The impugned Schedule of rates as per Annexure `B has been notified under the signature of Controller of Weights & Measures. In other words the maximum rates have been determined by the Controller of Weights & Measures. What is the source on the authority of the Controller of Weights & Measures to fix the maximum rates for repealing charges ? The rules themselves do not empower the Controller of Weights & Measures to do so. The Gujarat Amendment made in the Rules in 1978 also does not empower the Controller of Weights & Measures to fix the maximum rates for repairing charges. That the rules existing before the Gujarat Amendment do not empower `51 Controller of Weights & Measures is not disputed. Let us see what has been achieved by the Gujarat Amendment. It reads as under:- NOW THEREFORE in exercise of the powers conferred by clause (xi) of sub-sec. (2) of sec. 46 of the Bombay Weights & Measures (Enforcement) Act 1958 (Bom. No. LXIX of 1958) the Government of Gujarat hereby makes the following rules further to amend the Bombay Weights and Measures (Enforcement) Rules. namely;