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 provided that the cash value of a monthly wage would be 33.3% of total wages, when residential accommodation, two meals, two teas, two nasta (breakfast), is served daily. She has submitted that thereafter, by way of notification dated 15.12.2001, the State Government purportedly, in exercise of power under Section 30 of the Act, amended the notification dated 23.01.2001 and amongst the other amendments, the cash value of the total wage was reduced from 33.3% to 19%.

2.1 It is submitted that initially, the State Government had published a Draft Notification, in the Official Gazette, as required by the Act, by stating inter alia that the Government is proposing to issue the said notification containing the Rules and, therefore, the same is being published for the information of all the persons likely to be affected thereby and that notice given with the said Draft Notification would be taken into consideration by the Government of Gujarat on or after the expiry of two months from the date of its publication in the Official Gazatte. She has submitted that the said time limit of two months appears to have been adopted from the provisions of Section 5(1)(b) of the Act. It is submitted that it may be noted that the said Draft Notification suggested for allowing the deduction at the rate of 25% of total wages towards the cash value of benefits and/or facilities, i.e. (1) residential accommodation, (2) two meals, (3) two teas, and (4) two nastas (breakfast) being served daily and ultimately, the aforesaid Draft Notification was finalized and a final notification bearing No.KHR- 30-MWA-1097-833-M(2) was issued on 23.01.2001 effective on and from 01.02.2001, wherein deduction was provided at the rate of 33.3% of total wages towards the cash value of the aforesaid benefits and/or facilities. It is further submitted that thereafter, vide notification dated 15.12.2001, the State Government notified an amendment, by which deduction was allowed at the rate of 19% of total wages towards the cash value of two meals, two teas and one nasta (breakfast) being served daily. It is submitted that the draft of the said notification was never published, as required under the provisions of the Act, and no notice was given to the affected parties for providing their objections and/or suggestions, as was done at the time of issuing and publishing the drat notification dated 25.05.1999, which had ultimately culminated in issuance of final notification dated 23.01.2001.

2.2 Learned advocate for the petitioners has submitted that the Act makes it clear that in respect of the scheduled employments mentioned in Part-I or Part-II of the Schedule to the Act, the appropriate Government is authorized to fix minimum rates of wages, which can be reviewed at such intervals as considered appropriat