Nagendra Prasad Singh, J.

The petitioners in this writ application have been summoned by an order dated 8.7.1976 passed by the learned Sub-divisional Judicial Magistrate, Katiger, to stand trial for an offence under section 22A of the Minimum Wages Act, 1948 (hereinafter referred to as ‘the Act’) on the allegation that petitioner no. 2 is carrying on the business under the name and style of 'M/s Non-Vegetarian Refreshment Room' at Katihar railway station under an agreement with the then North-East Frontier Railway, and has contravened the provisions of section 18 of the said Act, and rules 25 and 26 of the Rules framed under the Act.

2. Section 18 of the Act, requires every employer to maintain such registers and records giving such particulars of employees employed by him and the wages paid to them. The said section further directs such employer to exhibit notices in the prescribed form containing the prescribed particulars. Section 22A provides that any employer who contravenes any of the provisions of the Act, or any rule or order made thereunder will be punishable with fine which may extend to Rs. 500/-. The petitioners have challenged the legality of the action taken by the respondent Labour Superintendent, primarily on the ground that the provisions of the Act, and Rules framed thereunder are not applicable to the business being carried on by the petitioners.

3. The Act, in question contains provisions for fixing minimum rates of wages in certain employments which have been described as 'scheduled employment'. It also vests power in the appropriate Government to fix minimum rates of wages payable to the employees employed in the employments specified in Part I or Part II of the schedule. Appropriate Government has been defined in sections 2(b) as follows:

"(b) 'appropriate Government' means-

(i) In relation to any scheduled employment carried on by or under the authority of the Central Government or a railway administration, or in relation to a mine, oilfield or major port, or any corporation established by a central Act, the Central Government, and

(ii) in relation to any other scheduled employment, the State Government",

In view of section 3 of the Act, the appropriate Government in the manner provided can fix the minimum rates of wages payable to employees employed in an employment specified in Part I or Part II of the schedule. Section 27 is as follows :-

"The appropriate Government, after giving by notification in the official Gazette, not less than three month's notice or its intention so to do, may, by like notification, add to either Part of the Schedule any employment in respect of which it is of opinion that minimum rates of wages should be find under this Act, and thereupon the Schedule shall in its application to the State be deemed to be amended accordingly".

The Act, as originally enacted had specified different employments in the Schedule of the Act. Later, in exercise of the power conferred by section 27, the State of Bihar by notification dated 19.12.1960, which was published in the Bihar Gazette dated 4.1.1961. added in the said Schedule, employment in 'Hotels. Eating Houses and Restaurants', The effect of this addition was that since that date, employment in Hotels, Restaurants and Eating Houses became a scheduled employment in respect whereof minimum wages could be fixed. The controversy, which has been raised on behalf of the petitioners is that this addition in the scheduled by the State Government and any fixation of Minimum wages in respect of such Hotels and Restaurants shall not be applicable to an employment which is being carried on "by or under the authority of the Central Government or a railway administration" because in respect of such employment the appropriate Government shall be the Central Government and not the State Government. In other words, the business of running the refreshment room at Katihar railway station will be deemed to be carried on either by the railway administration