Judgement

B. K. MUKHERJEA J.: These two appeals are directed against a common judgment, dated the 16th February 1952 passed by the Judicial Commissioner of Ajmer, on two analogous petitions under Article 2

of the Constitution, in one of which the appellants in Appeal No. 138 of 1954 were the petitioners, while the other was filed by the appellant in Appeal No. 139 of 1954.

2. The petitioners in both the cases prayed for a declaration that the notification, dated the 7th of October 1952, issued by the State Government of Ajmer fixing the minimum rates of wages in respect of employment in the textile industry within that State, under the provisions of the Minimum Wages Act (Act XI of 1948), was illegal and ultra vires and for issue of writs in the nature of mandamus directing the respondents not to enforce the same against the petitioners.

3. To appreciate the points that have been canvassed before us, it will be convenient to narrate briefly the material facts in chronological order. On the 15th of March 1948 the Central Legislature of India passed an Act called, The Minimum Wages Act, 1948, the object of which, as stated in the preamble, is to provide for fixing minimum rates of wages in certain employments. The schedule attached to the Act specifies, under two parts, the employments in respect of which the minimum wages of the employees can be fixed; and section 27 authorises the "appropriate Government", after giving three months notice of its intention to do so, to add to either part of the schedule any other employment, in respect of which it is of the opinion that minimum rates of wage should be fixed under the Act.

The expression "appropriate Government as defined in section 2(b) means, in relation to a scheduled employment, other than one carried by or under the authority of the Central Government, the State Government. Under section 3 the "appropriate Government" is to fix minimum wages payable to employees employed in any employment specified in the schedule at the commencement of the Act or added to it subsequently in accordance with the provisions of section 27. Sub-section (1) (a) of this section provides inter alia that the "appropriate Government" may refrain from fixing the minimum rates of wages in respect of any scheduled employment in which there are in the whole State less than 1,000 employees engaged in such employment.

Section 5 lays down the procedure for fixing minimum wages. The appropriate Government can appoint a committee to hold enquiries to advise it in the matter of fixing minimum wages; in the alternative it can, by notification in the official gazette, publish its proposals for the information of persons likely to be affected thereby. After considering the advice of the committee or the representations on the proposals as the case may be, the appropriate Government shall fix the minimum rates of wages in respect to any scheduled employment, by notification in the official gazette, and such rates would come into force on the expiry of three months from the date of issue unless the notification directs otherwise.

Section 9 provides inter alia that an advisory committee constituted under section 5 shall consist of persons nominated by the appropriate Government. There shall be in the committee an equal number of representatives of the employers and the employed in any scheduled employment and there shall be independent persons as well, not exceeding one-third of the total number, one of whom shall be appointed Chairman.

4. Section 30 confers on the appropriate Government the power to make rules for carrying out the purposes of the Act.

5. It may be mentioned at the outset that Part I of the schedule to the Act mentioned to only 12 items of employment at the time when the Act was passed and employment in the textile industry was not included in them. On the 16th of March 1949 the Central Government issued a notification, in exercise of its powers under section 94 (3) of the Government of India Ac