S.B.Sinha, J.

1. This writ petition involves an interesting question as to whether the State of Bihar having been carrying on an industry has any constitutional or statutory liability to pay the minimum wages to the employees engaged by the contractor inter alia in terms of the provisions contained in Article 23 of the Constitution of India.

2. The basic facts of this case are not at all in dispute.

3. In discharge of its sovereign duty and in obedience to the directive principles of the Constitution as enshrined under Article 48 of the Constitution the State of Bihar undertook construction of an irrigational canal in North Bihar commonly known as Western Kosi Canal. Admittedly, a part of the said activity, namely, cross drainage syphoon falls within the territorial limits of Kingdom of Nepal. In order to facilitate carrying out of the aforementioned activities on the part of the State of Bihar, the Union of India and the Government of Nepal admittedly entered into an agreement.

4. The job relating to the construction of the aforementioned cross drainage syphoon at 32.89 k.m. (Panchi Dhar) of Western Kosi Main Canal, the State of Bihar issued notice inviting tenders pursuan