B. J. DIVAN, S. H. SHETH, J.

( 1 ) THE petitioners in this matter are the salt manufacturers producing salt by solar heat from sea water at different places in the State of Gujarat and the respondent is the State of Gujarat. The petitioners own Marine Salt Works at different places and they manufacture salt by drawing sea water into crystalisers and then allowing it to evaporate by solar heat. The salt thus manufactured is sold as ordinary salt in the market by the petitioners. The petitioners engaged various categories of employees directly as well as through contractors for the purpose of manufacturing salt; and according to the petitioners the working conditions and the rates of payment of the employees vary as per the local conditions of work at different places. Under the Minimum Wages Act 1948 enacted by the Parliament the State Government is empowered to fix the minimum rate of wages under sec. 3 provided the procedure prescribed under the Act is followed. The State Government can fix such wages in respect of scheduled employment. A Schedule of the different employments in respect of which the minimum wages could be fixed was enacted when the Act was passed in 1948 and under sec. 27 the State Government is empowered to add entries to the Schedule thus adding to the list of scheduled employments. In exercise of the powers conferred upon it the Government of the State of Gujarat by issuing a Notification of July 7 1964 added:- Employment in salt pan industry as one of the entries in the list of scheduled employments. On November 21 1964 the State Government appointed a Committee under the Chairmanship of Mr. B. C. Vakil Member of the Industrial Court at Ahmedabad to hold enquiries and to advise the Government in respect of the fixation of minimum rates of wages in respect of the employment in the Salt Pan Industry. The said Committee submitted its report to the Government of Gujarat and on the advice of the said Committee and after consulting the Advisory Board appointed under sec. 7 of the said Act the Government by their Notification dated 10th January 1967 fixed the minimum rates of wages for salt pan industry in the State of Gujarat under the provisions of sec. 5 of the Act. These rates of minimum wages were to come into force from February 1 1967 The present petition has been filed by the petitioners for a writ of or in the nature of mandamus or any other appropriate writ direction or order quashing and setting aside the impugned Notification dated 10th January 1967 issued under the provisions of sec. 3 (1) (a) read with sec. 5 (2) of the Act; and the petitioners pray for an order from this Court permanently restraining the respondent from enforcing payment of minimum wages in accordance with the impugned Notification.

( 2 ) AT the hearing of this Special Civil Application before us Mr. Nanavati on behalf of the petitioners urged the following three contentions. Firstly he contended that the constitution of the Committee was not in accordance with law inasmuch as the Chairman of the Committee was not an independent person as required by sec. 9 of the Act and inasmuch as two persons appointed by the Government as representing the employees in the scheduled employment did not represent the employees in the saltpan industry. Secondly Mr. Nanavati contended that the minimum wages fixed by the Government after following the procedure as mentioned above are in reality fair wages and not the minimum wages; and thirdly Mr. Nanavati contended that the different areas in the State of Gujarat where salt pan industry is being carried on has not been divided into different zones on the basis of local conditions of work and therefore all the areas have been treated on par. This has been treated indiscriminately as right and this has been done in an arbitrary manner and this arbitrary fixation of minimum wages on equal footing irrespective of local conditions of work is violative of Art. 14 of the Constitution of India. These are th

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