EASTERN BIHAR CHAMBER OF COMMERCE AND INDUSTRIES AND OTHERS Vs. STATE OF BIHAR AND ANOTHER

JUDGEMENT

(1.) This writ petition is directed against the notification dated 26th November, 1981 as contained in Annexure 1 to the writ petition. The aforementioned purported notification has been issued by the State of Bihar in exercise of its power conferred upon it by subsection (1) of Sec. 3 of the Minimum Wages Act, 1948 (Act No. 11 of 1948) (hereinafter referred to as the said Act) read with sub -section (2) of Sec. 5 of the said Act. The petitioners No. 1, 2 and 3 are the representative bodies of employers in relation to shops and establishments which are allegedly affected by reason of the aforementioned notification. The petitioners No. 4 to 6 are said to be the members of the petitioners No. 1, 2 and 3 respectively and they deal in cloth either in whole sale or in retail trade at Bhagalpur and Muzaffarpur. It is submitted that by reason of the notification dated 25th June, 1975 as contained in Annexure 2 to the writ petition, the provisions of the Minimum Wages Act were made applicable in respect of the shops and establishments of persons whose representatives the petitioners are. By virtue of or under the said notification all places having a population of more than two lakh, a higher amount of minimum wages are to be paid. The basis of the said notification as contained therein reads as follows: - -

(2.) Thereafter, the aforementioned notification dated 26th November, 1981 was issued as contained in Annexure 1 to the writ application whereby and whereunder the minimum wages payable to the different categories of employees were enhanced. The learned counsel appearing on behalf of the petitioners submitted that the aforementioned purported notification as contained in Annexure 1 is bad in law as allegedly the board was not properly constituted.

(3.) Before discussing the points involved in this petition, it is necessary to consider the scope and object of the Act, 1948. The said Act is a beneficiary legislation so far as the workmen are concerned. The appropriate Government has been empowered by reason of the provisions of the said Act to fix the minimum wages in the scheduled employments. The appropriate Government is also empowered to make necessary addition in the list of the scheduled employments.