JUDGMENT - Gokhale, J.

(1) This Special Civil Application under Article 226 of the Constitution has been filed by four Bidi Manufacturing Factories in Marathwada under these circumstances: In 1955, after the Minimum Wages Act, 1948, (which shall hereafter be referred to as "the Act") was made applicable to bidi factories in Hyderabad, the Government of the State of Hyderabad issued a notification fixing the minimum rates of wages for bidi-workers. This notification, dated 4th March 1955, came into force on 30th March 1955 in four areas of the Hyderabad State. On 1st November 1956, five districts of Marathwada merged with the Bombay State and on 18th November 1957, the Deputy commissioner of Labour informed all the employers of the tobacco manufactories in the areas of Marathwada that the Government of Bombay was considering the revision of minimum rates of wages fixed under the Act and that Mr. Dhuttia, Assistant Commissioner of Labour (Administration), Bombay, would conduct an inquiry in respect of the existing conditions of services obtaining in the industry including its financial capacity. It seems that Mr. Dhutia, after making an inquiry, submitted his report to the Labour and Social Welfare Department of the State of Bombay, which issued a notification on 10th September 1958 publishing the Governments proposals for revising minimum rates of wages of bid-workers fixed by the State of Hyderabad in March 1955. The Marathwada Bidi Manufacturers Association, being dissatisfied with the recommendations made by Mr. Dhutia as well as the proposals contained in the draft notification, made representations to the Government of Bombay and it appears that a representation was also sent to the Advisory Board constituted under the provisions of the Act. These representations were sent on 15th November 1958. It is not disputed that the Bidi Manufacturers Association received an intimation from the Minimum Wage Advisory Board Bombay dated 15th January 1959, stating that the Advisory Board had appointed a Committee to consider the proposed revision of rates of wages in respect of employment in bidi-making factories in Marathwada and that the Committee would be visiting Nanded on 19th January 1959 and Aurangabad on 20th January 1959 for the purpose of recording evidence of the employers, employees, their organisations, etc. The Committee consisted of seven persons, but here is no dispute that only four of them, including Mr. P. S. Bakhale, the Chairman of the Advisory Board visited Aurangabad on 21st January 1959. It would seem from the petition that, on behalf of the bidi-manufacturers of Maarathwada, an objection was raised to the constitution of the committee, and the representatives of the Association thereafter do not appear to have co-operated with that Committee. The final notification containing the revised rates was published on 8th July 1959 and that was to come into force on or after 1st August 1959. The draft notification issued by the Government on 10th September 1958 had slightly increased the rates of minimum wages fixed by the State of Hyderabad in March 1955. The final notification issued by the Government of Bombay on 8th July 1959 abolished the distinction between workers in factory and workers who made bidis at their own homes and who are known as Gharkhata workers, which prevailed under the notification issued by the Government of Hyderabad, and fixed a common minimum wage for both the kinds of workers. Secondly, the final notification also increased the rates of minimum wages beyond the revised rates proposed in the draft notification issued in September 1958. The petitioners-bidi-manufacturing factories, being aggrieved by the revised rates fixed in the final notification, have filed the present petition challenging the validity of the aforesaid final notification issued by the State of Bombay on several grounds.

(2) Mr. Pendse, learned advocate appearing on behalf of the petitioners has raised the following contentio

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