JUDGMENT

UNTWALIA, J.:—The hearing of this appeal filed by the State of Rajasthan and another by special leave proceeded ex parte against the respondents. After examining all the pros and cons of the dispute involved in this appeal with the assistance of the learned counsel for the appellants we have come to the conclusion that the appeal should be allowed.

2. From time to time the Government of Rajasthan fixed or revised the minimum rates of wages for employees in the Mica Mines throughout the State of Rajasthan under Section 5(2) of the Minimum Wages Act, 1948 - Central Act 11 of 1948 - hereinafter called the Act. The employment in the Mica Mines is a scheduled employment within the meaning of Section 2(g) of the Act. Eventually the minimum rates of wages were fixed by the Government by a notification dated the 31st July, 1965, the validity of which was challenged in the Rajasthan High Court by several employers in the Mica Mines in Civil Writ No. 406/1966 and 15 other writs Several proceedings initiated on the basis of the impugned notification were also challenged by the employers. A Bench of the Rajasthan High Court allowed the writ applications, quashed the impugned notificati