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1976 Supreme(SC) 397

A.C.GUPTA, P.K.GOSWAMI, Y.V.CHANDRACHUD
South Gujarat Roofing Tiles Manu Facturers Association – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
D.V.PATEL, K.L.Hathi, Manek Tarkunde, Manju Jetley, P.C.KAPUR, P.H.Parekh, V.M.TARKUNDE

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 agric












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