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1982 Supreme(Kar) 283

A.S.BOPANNA
Karnataka Planters Association – Appellant
Versus
State of Karnataka – Respondent


ORDER

Bopanna, J.—On the pleadings of the parties and the competing contentions of their Learned Counsel, the following general points arise for consideration in these batches of petitions :

(1) Did the draft notifications dated 30-7-1981 containing the proposals of the Government for revising/fixing the minimum wages and published in the Government Gazette dated 6-8-1981, comply with the requirements of Clause (b) of Sub-section (1) of Section 5 of the Act ? If not, are those notifications bad in law and vitiate the final notifications impugned in these proceedings ?

(2) Was there a consideration by the Government of all the representations against the proposals for fixation/revision of minimum wages as required under Section 5(2) of the Act ?

(3) If there was no consideration of those representations, what is the effect of such non-consideration ?

(4) Was there any consultation between the Government and the Board as required under the proviso to Section 5(1)(b) of the Act (in short 'the proviso') ?

(5) Was the Board properly constituted in that the Minister for the Government holding the Labour Portfolio himself was an independent member as also the Chairman of the Board ?

(6) What is





















































































































































































































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