Judgment

GAJENDRAGADKAR, J. : The Government of Kerala appointed a Committee in exercise of its powers conferred by cl.(a) of sub-s. (1) of S. 5 of the Minimum Wages Act, 1948 (Act XI of 1948) (hereafter called the Act), to hold enquiries and advise the Government in fixing minimum rates of wages in respect of employment in the industry and nominated eight persons to constitute the said Committee under S. 9 of the Act. This notification was published on August 14, 1957. The Committee made its report on March 30, 1958. The Government of Kerala then considered the report and issued a notification on May 12, 1958, prescribing minimum rates of wages as specified in the schedule annexed thereto. This notification was ordered to come into effect on May 26, 1958. On that date the present petition was filed under Art. 32 by the nine petitioners who represent six tile factories in Feroke. Kozhikode District, challenging the validity of the Act as well as the validity of the notification issued by the Government of Kerala. The State of Kerala is impleaded as respondent to the petition.

2. The petitioners allege that the minimum wage rates fixed by the notification are very much above the level