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1987 Supreme(Pat) 332

S.B.SINHA
Eastern Bihar Chamber of Commerce and Industries, Bhagalpur – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the petitioners: M/s Ranen Roy, G.C. Bharuka, Jawahar Prasad Karn, Bindeshwar Jha and Satyendra Krishna Prasad.
For the State : M/s M.S. Madhup, S.C.I, and Binoy Sharma, J.C. to S.C.I.

JUDGMENT

S.B. Sinha, J. – This writ petition is directed against the notification dated 26th November, 1981 as contained in Annexure 1 to the writ petition.

2. The aforementioned purported notification has been issued by the State of Bihar in exercise of its power conferred upon it by subsection (1) of section 3 of the Minimum Wages Act, 1948 (Act No. 11 of 1948) (hereinafter referred to as the said Act) read with sub-section (2) of section 5 of the said Act. The petitioners no. 1, 2 and 3 are the representative bodies of employers in relation to shops and establishments which are allegedly affected by reason of the aforementioned notification. The petitioners no. 4 to 6 are said to be the members of the petitioners no. 1, 2 and 3 respectively and they deal in cloth either in whole sale or in retail trade at Bhagalpur and Muzaffarpur. It is submitted that by reason of the notification dated 25th June, 1975 as contained in Annexure 2 to the writ petition, the provisions of the Minimum Wages Act were made applicable in respect of the shops and establishments of persons whose representatives the petitioners are. By virtue of or under the said notification all places having a population



































































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