Judgment

GUPTA, J.:- The first appellant is an association of the manufacturers of Mangalore pattern roofing tiles in south Gujarat area; the other appellant, a partnership firm, is a member of the association. The question that falls to be determined in this appeal by special leave is whether entry 22 added by the Gujarat Government by notification dated March 27, 1967 to Part I of the Schedule to the Minimum Wages Act, 1948 covers Mangalore pattern roofing tiles. Entry 22 reads as follows:

"Employment in Potteries Industry.

Explanation.- For the purpose of this entry potteries industry includes the manufacture of the following articles of pottery, namely:-

(a) Crockery

(b) Sanitary appliances and fittings

(c) Refractories

(d) Jars

(e) Electrical accessories

(f) Hospital ware

(g) Textile accessories

(h) Toys

(i) Glazed Tiles"

We may also refer to certain other provisions of the Minimum Wages Act which provide the context to the question arising for decision. Section 2 (g) defines "scheduled employment" as meaning "any employment specified in the Schedule or any process or branch of work forming part of such employment." The schedule is in two parts. Part II which relates to employment in agriculture only is not relevant for the purpose of this appeal. Section 3 authorises the appropriate Government to fix or revise the minimum rates of wages payable to employees in scheduled employments. Section 5 prescribes the procedure for fixing and revising minimum wages. In fixing minimum rates of wages in respect of any scheduled employment for the first time or in revising the rates so fixed, the appropriate Government must either appoint committees to hold necessary enquires and advise it in this regard, or publish its proposals in the matter for the information of persons likely to be affected thereby. The Government will fix or revise the minimum rates of wages after considering the advice of the committees or the representations received in regard to the proposals published, as the case may be.Section 7 empowers the appropriate Government also to appoint an advisory board for co-ordinating the work of the committees appointed under Section 5 and advising the Government generally in the matter of fixing and revising minimum rates of wages. Section 19 authorises the Government to appoint Inspectors for the purposes of the Act. Secs. 22 and 22-A lay down the penalties for paying to an employee any amount less than what is due to him under the Act, or contravening any provision of the Act or any rule or order made thereunder; the punishment may extend to imprisonment for six months with a fine of Rupees 500/- Under S. 27 the appropriate Government may, after giving by notification in the official gazette not less than three months notice of its intention to add to either Part of the Schedule any employment in respect of which it is of opinion that minimum rates of wages should be fixed, add such employment to the schedule by another notification and the schedule in its application to the State concerned shall be deemed to be amended accordingly.

2. Before proceeding to consider the rival contentions, we may briefly state the facts in the background. On November 13, 1966 the Gujarat Government issued a notification under Section 27 declaring its intention to add "employment in potteries industry" with an explanation to Part I of the Schedule to the Minimum Wages Act, and by notification dated March 27, 1967 the entry was added as entry No. 22. Later a Committee was appointed under Section 5 (1) to fix minimum rates of wages in potteries industry. The committee submitted its recommendations some time in 1968. It appears from the letter dated July 10, 1968 addressed to the Government by the advisory committee forwarding its report that the Committee had not taken into consideration roofing tiles in the recommendations made. By a notification dated January 8, 1969 the Government fixed the minimum rates of wages in respect of potteries industry on the