MOHAN SHANTHANAGOUDAR, J.

( 1 ) THE petitioner has sought for quashing the purported order of the 3rd respondent dated 22-1-2004 vide Annexure-G and also sought for a direction to respondents 1 to 3 to review and revise the minimum wages for Cinema Workers as per the Minimum Wages Act, 1948 ('the Act' for short ).

( 2 ) ON perusal of the document at Annexure-G, it cannot be said that it is an order passed by the Labour Minister. It is only an opinion expressed by the Labour Minister and consequently, the same cannot be termed as an order of the State Government, and therefore, the first relief as prayed for in the writ petition by the petitioner cannot be granted.

( 3 ) INSOFAR as the second relief as prayed for in the writ petition is concerned, the learned Counsel for the petitioner Smt. Sarojini muthanna submitted that the notification was issued in the month of july 1992 fixing the minimum wages and thereafter, no fresh notification is issued by the State Government fixing the minimum wages for the Cinema Workers till this day. She further submitted that, the Government should have reviewed and revised the minimum wages at least once in five years. Learned Government Pleader, per contra, submits that revising of minimum wages within five years is not mandatory and is directory. To decide the said issue, it is relevant to note the provisions of section 3 (1) of the Act, which read thus:"section 3. Fixing of minimum rates of wages.- (1) The appropriate Government shall, in the manner hereinafter provided.- (a) fix the minimum rates of wages payable to employees employed in an employment specified in Part I or Part II of the schedule and in an employment added to either Part by notification under Section 27: provided that the appropriate Government may, in respect of employees employed in an employment specified in Part II of the schedule, instead of fixing minimum rates of wages under this clause for the whole State, fix such rates for a part of the State or for any specified class or classes of such employment in the whole state or part thereof; (b) review at such intervals as it may think fit, such intervals not exceeding five years, the minimum rates of wage so fixed and revise the minimum rates, if necessary: provided that where for any reason the appropriate government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, nothing contained in this clause shall be deemed to prevent it from reviewing the minimum rates after the expiry of the said period of five years and revising them, if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the said period of five years shall continue in force". The aforesaid provisions make it clear that the minimum wages to be paid to the employees shall be reviewed and revised within the period not exceeding five years. However, if for any reason, the appropriate government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, the minimum rates of wages in force shall continue to exist. In this case also, the minimum wages fixed in the notification of July 1992 are in operation as on today in view of non-revising of the minimum rates of wages subsequently. It is not in dispute that the employment of the workers of petitioner-Union is the scheduled employment. The intention of the Legislature can be gathered from the objects and reasons for enacting the Minimum Wages Act are as under:"objects and Reasons.-The justification for statutory fixation of minimum wages is obvious. Such provisions which exist in more advanced countries are even more necessary in India, where workers' organisations are yet poorly developed and the workers' bargaining power is consequently poor. 2. The Bill provides for fixation, by the Provincial governments, of minimum wages for employments covered by the schedule t

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