Judgment

GAJENDRAGADKAR, J. : These four appeals consist of two sets of cross appeals each and they arise from two petitions filed in the High Court of Bombay at Nagpur challenging the validity of the notification dated June 11, 1958, issued by the State of Bombay, now represented by the State of Maharashtra, under S. 5 of the Minimum wages Act 11 of 1948 (hereafter called the Act). The petitioners in Special Civil Application No. 205 of 1951 are the Bidi, Bidi Leaves and Tobacco Merchants Association, Gondia and two others whereas the petitioners in Special Civil Application No. 214 of 1958 are Haji Latif Ghani Kachhi and five others. The impugned notification consists of seven clauses. By the majority decision of the High Court cls. 1 to 5 and the first part of cl. 6 are held to be intra vires, whereas the latter part of cl. 6 and cl. 7 as well as the explanation added to it are held to be ultra vires. The first part of the finding is challenged by the petitioners in the two writ petitions by their Civil Appeals. Nos. 415 and 417 respectively, while the latter part of the finding is challenged by the State of Maharashtra in its Civil Appeals Nos. 416 and 418 respectively. Thus, C