Bhaskar Bhattacharya, CJ.—All these three Special Civil Applications were taken up and heard together as a common question of law is involved in all these matters, viz. whether Section 66(1) (b) of the Factories Act, 1948 [the Act hereafter] and it’s proviso are ultra vires the Constitution of India being violative of Articles 14, 15, 16, 19(1) (g) and 21 of the Constitution of India.

1.1 In Special Civil Application No. 11533 of 2013, an additional, alternative prayer has been made for a direction upon the Staterespondent to issue appropriate notification as provided in the proviso to Sub-section (b) of Section 66(1) of the Act enabling the petitioners to permit / employ women employees to work up to 10.00 p.m.

2. The facts stated in Special Civil Application No. 2984 of 2012 may be summarized thus:

2.1 The petitioner is a Public Charitable Trust registered under the provisions of the Bombay Public Trust Act, 1950 and is engaged in the activity of upliftment of women and is active in the creation of employment for women and protection of their interest in general. The petitioner trust works for the creation of employment for women in the District of Amreli and is active in th