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2022 Supreme(Guj) 169

A. S. SUPEHIA
Gujarat Rajya Hotel Federation – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Aishwarya Reddy For M/S Trivedi & Gupta(949)
For the Respondent: Mr. Rohan Shah, AGP.

JUDGMENT :

A.S. Supehia, J.

1. The present writ petition has been filed inter alia praying for quashing and setting aside the impugned notifications dated 25/27.05.1999, 27.01.2001 and 15.12.2001 issued by the respondent No.1. However, the prayer in the writ petition is confined to quash and set aside the notification dated 15.12.2001 issued by respondent No.1.

2. Learned advocate Ms.Aishwarya Reddy appearing for the petitioners has submitted that the petitioner No.1 is a federation representing more than 500 establishments engaged in the activity of running hotels/restaurants in the State of Gujarat, Petitioner Nos.2 to 7 are the members and officers of the petitioner no.1. The notifications dated 23.01.2001 and 15.12.2001 have been issued under the Minimum Wages Act, 1948 (hereinafter referred to as "the Act", for short). It is submitted that vide notification dated 23.01.2001, in exercise of the powers conferred under Section 30 of the Act, the State Government notified the Gujarat Hotel Workers' Wages in Kind (Computation of Cash Value) Rules, 1998 (hereinafter referred to as 'the Rules'). The said Rules were brought into effect on 01.02.2001, wherein at the schedule it was provid

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