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1973 Supreme(SC) 95

K.K.MATHEW, A.N.GROVER, A.K.MUKHERJEE
State of A. P. – Appellant
Versus
Narayana Velur Beedl Manufacturing Factory – Respondent


Advocates:
A.V.Velayudhan Nair, H.K.PURI, M.C.CHAGLA, Niranjana Shah, P.RAM REDDY, R.V.PILLAI

Judgment

GROVER, J.:- The sole question which has to be decided in these appeals by certificate from a judgment of the Andhra Pradesh High Court is the meaning of the word "independent" in Section 9 of the Minimum Wages Act, 1948, hereinafter called the "Act .

2. The Act was enacted to provide for fixing the minimum rates of wages in certain employments. Section 2 gives the definitions of various expressions. Clauses (a), (h) and (i) give the meaning of the words "employer", "wages" and "employee" respectively. Section 3 provides for fixing of the minimum rates of wages by the appropriate government and their review at certain intervals. Section 5 gives the procedure for fixing and revising minimum wages. Section 5 reads: -

S. 5 (1). "In fixing minimum rates of wages in respect of any scheduled employment for the first time under this Act or in revising minimum rates of wages so fixed, the appropriate government shall either -

(a) appoint as many committees and sub-committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case may be, or

(b) by notification in the Official Gazette, publish its proposals for the information of p














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