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1962 Supreme(SC) 320

K. N. WANCHOO, K. C. DAS GUPTA, J. C. SHAH, P. B. GAJENDRAGADKAR, B. P. SINHA
Bhikusa Yamasa Kshatriya – Appellant
Versus
Sangamner Akola Taluka Bidi Kamdar Union – Respondent


Advocates:
D.S.NARGOLKAR, G.S.PATHAK, J.B.DADACHAN, K.R.CHAUDHARY, N.S.BINDRA, O.C.MATHUR, P.D.MENON, Ravindra Narayan, S.B.Naik

Judgment

SHAH, J.: M/s. Bhikusa Yamsa Kshatriya and M/s. Bastiram Narayandas (owner of bidi factories at Sangamner in the District of Ahmednagar) hereinafter referred to collectively as the appellants , moved the High Court of Judicature at Bombay under Art. 226 of the Constitution praying for a writ or direction declaring S. 3 (3) (iv) of the Minimum Wages Act, Xl of 1948 and a Notification dated April 19, 1955 issued by the Government of Bombay in exercise of the authority vested under the Act "ultra vires, void and illegal" because the said enactment and the Notification infringed the guarantee of equal protection of the laws, and affected the rights of the appellants to carry on their lawful business, and for an order declaring that the appellants were not bound by the said Notification and were not liable to pay wages to the Bidi workers at the rates prescribed by the Notification, and for consequential relief.

The High Court dismissed the petition, for in their view S. 3(3) (iv) of the Minimum Wages Act and Notification dated April 19, 1955 fixing minimum rates of wages for bidi workers in the localities of Sangamner and Akola did not violate the fundamental rights guaranteed

















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