G.K.MITTER, K.N.WANCHOO, V.BHARGAVA
State of Assam – Appellant
Versus
Bharat Kala Bhandar LTD. , etc. – Respondent
Judgement
WANCHOO, J. : These are twenty-one appeals on certificates granted by the High Court of Assam and Nagaland and will be dealt with together as they raise common questions. Facts necessary for present purposes may be briefly narrated. On September 26, 1964, the Governor of Assam issued a notification under R. 126-AA of the Defence of India Rules, 1962 (hereinafter referred to as the Rules). By this notification he applied R. 126-AA to a large number of employments as he was of opinion that the employments notified were essential "for securing the public safety and for maintaining supplies and services necessary to the life of community". On the same day another notification was issued under sub-r. (4) of P. 126-AA. By this notification, the Governor ordered payment of ad hoc cost of living allowance of Rs. 10 per mensem to all workers drawing pay upto Rs. 400 per mensem engaged in the employments notified for purposes of sub-r. (1) of R. 126-AA. Another notification was also issued on November 4, 1964 under sub-r. (4) by which the Governor ordered payment of ad hoc cost of living allowance of 38.46 paisas per day to all persons engaged on daily wage basis in the employments
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