The main legal point established in the judgment is that the notification fixing minimum rates of wages for employees in private hospitals, dispensaries, and pharmacies was valid under the Minimum Wages Act, 1948, as it complied with the consultation process with the Minimum Wages Advisory Board and the requirements of the Act.

1. In all these writ petitions, the challenge is directed against the Notification SRO. No. 811 of 1980 issued under GO.Ms. No. 94 of 1980-LBR. Government of Kerala, Labour (E) Department dated 8-9-1980 in exercise of the powers conferred by clause (a) of sub-section (1) of S.3 of the Minimum Wages Act, 1948 (Central Act 11 of 1948) (hereinafter referred to as the Act), read with S.5 (2) thereof, fixing the minimum rates of wages payable to the employees employed in the private hospitals, dispensaries and pharmacies in the State of Kerala, as specified in the schedule annexed thereto. The notification fixed the 10th day of September, 1980, to be the date from which the rates mentioned in the schedule to the Notification were to come into force. The question of law raised in all the writ petitions being the same, they were beard in a group, and are being disposed of by this common judgment.

2. The draft proposals with respect to the fixation of minimum wages to the employees employed in the private hospitals, dispensaries and pharmacies had been published in Notification No 40229-77-L & H dated 19th January 1979 in the Kerala Gazettee Extraordinary No. 44 dated 23rd January 1979 as required under clause (b) of sub-section (1) of S.5 of the Act. In SRO No. 811 of 1980 it is found stated that it was after consulting the Minimum Wages Advisory Board constituted under S.7 of the Act that the minimum rates of wages payable to the employees employed in the establishment mentioned above had been fixed.

3. SRO No. 811 of 1980 consists of two parts: Part I concerning office and general section; and Part II concerning the medical section. Part I consists of five groups; groups A to E; and Part II consists of seven groups: A to G. Note to the schedule states:

" If any category of employees is found employed in private hospitals, dispensaries and pharmacies in the State for whom minimum rates of wages have not been specified by this notification such employees shall be paid wages and D. A. in accordance with the employees employed therein."

It further says that in addition to the basic wages specified above, dearness allowance shall be paid to the above categories of employees at the rate of Rs. 125 (Rupee one and paise twenty-five only) per point per month above 91 points (new series) of the Consumer Price Index numbers of each District Headquarters. The provision regarding employees below the age of 18 is that they shall be paid 75 per cent of the basic wages and dearness allowance of adults Employees who were actually in receipt of wages higher than the minimum rates of wages fixed as per this Notification were to receive the benefit of such higher wages; and customary payment, if any, in cash or in kind, were also to be continued to be paid wherever they were paid at the time of the coming into force of the Notification. In the Explanatory Note, it is stated:

"The Government, in Notification No. 40229-E1-77-L&H dated 19-1-1979 (vide: Kerala Gazette Extraordinary No. 44 dated 23-1-1979) had published proposals for the fixation of minimum rates of wages payable to the employees employed in the private hospitals, dispensaries and pharamcies in the State. Objections and suggestions received in this regard has been examined in consultation with the Minimum Wages Advisory Board constituted under S.7 of the Minimum Wages Act. It is now decided to fix minimum rates of wages payable to the employees employed in the private hospitals, dispensaries and pharmacies in the State of Kerala.

The Notification is intended to achieve the above object."

For the sake of convenience we will refer to the documents as they are marked in O. P. No. 3348 of 1980-M. The draft objections and representations in response to the draft proposal dated 23-1-1979 submitted by the petitioners, who were likely to be affected by the fixation of the rates of minimum wages payable as proposed in the draft proposals are marked as Exts. P1, P2 and P3.

4. The main argument a