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1991 Supreme(Bom) 35

S.M.DAUD
Arbuda Bhuvan and others – Appellant
Versus
State of Maharashtra and another – Respondent


JUDGMENT - S.M. DAUD, J.:---This petition under Article 226 of the Constitution takes various contentions in respect of notification dated 31-10-1985 annexed at Ex. E being an annexure to the petition.

2. Petitioners are owners of what is described as "tea shops" and an association of such owners doing business in the preparation, distribution and sale of the beverage tea in Greater Bombay. The Minimum Wages Act, 1948--hereinafter referred to as the 'Act'--is a piece of legislation enabling fixing of minimum rates of wages in certain employments. At the time the Act was introduced, it had a Schedule consisting of two parts being known as 'Part I' and 'Part II'. These parts did not include employment in hotels, restaurants and eating houses. By the Minimum Wages (Maharashtra Amendment) Act, 1960 Part I of the Schedule was further amended to include :---

"Employment in any residential hotel, restaurant or eating house as defined in the Bombay Shops and Establishments Act, 1948. (Shops Act)"

"Restaurant or eating house" has been defined in the Shops Act as-

"means any premises in which is carried on wholly or principally the business of the supply of meal or refreshments to the public or















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