( 1 ) THE bone of contention in this writ petition is the restriction placed on employment of women in Factories under section 66 (1) (b) of the Factories Act, 1948 (hereinafter referred to as "the Act" ). The restriction imposed has been challenged primarily on the ground that it is discriminatory on the basis of sex and is therefore ultra vires. Section 66 (1) (b) of the act lays down," (b) No woman shall be required or allowed to work in any factory except between the hours of 6 a. m. and 7 p. m. Provided that the State Government may, by Notification in the Official gazette, in respect of any factory or group or class or description of factories vary the limits laid down in clause (b), but so that no such variation shall authorise the employment of any woman between the hours of 10 p. m. and 5 a. m. "

( 2 ) ON perusal of Section 66 of the Act the following things become clear: that no woman shall be required or allowed to work in any factory except between hours of 6 a. m. and 7 p. m. There is an exception to this provision that State government may, by notification in the official gazette, in respect of any factory or group of factories, vary the working hours