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 w