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2023 Supreme(Cal) 837

RAJA BASU CHOWDHURY
Goodricke Group Limited – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Arijit Chaudhuri, Mr. Arunava Ghosh, Mr. Soumya Majumder, Mr. Sharmistha Ghosh, Mr. Amit Ghosh, Mr. Victor Chatterjee.
For the State : Mr. Joydeep Kar, Mr. Santanu Kumar Mitra, Mr. Amartya Pal.

JUDGMENT :

(Raja Basu Chowdhury, J.) :

1. The present writ application has been filed, inter alia, praying for direction upon the respondents to forbear from giving effect to the Advisory dated 27th April, 2023, and for a declaration that the said Advisory signed by the respondent no.2 is illegal, void and of no effect.

2. The petitioners are owners or lessees of tea plantations in West Bengal and are carrying on business, inter alia, of growing, harvesting and manufacturing tea at such plantations. The petitioners contended that in usual course they employ workers for carrying out its business operations and that the provisions of the Minimum Wages Act, 1948 (hereinafter referred to as the “said Act”) apply in respect of such workers.

3. That the Government of West Bengal by a notification dated 17th February, 2015 had constituted a Minimum Wages Advisory Committee for the State of West Bengal (hereinafter referred to as the “said Committee”) in exercise of the powers conferred by clause (a) of sub-section (1) of Section 5 read with Section 9 of the said Act. The tenure of the said Co

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