Shamsher Bahadur, J.

1. This is a petition of Messrs. Mohan Brothers Scientific Goods Manufacturers under Articles 226 and 227 of the Constitution of India to challenge the minimum wages fixed by the State of Punjab on 16th May 1963, by virtue of a notification of that date issued under Sub-section (2) of Sec.5 of the Minimum Wages Act, 1948 (hereinafter called the Act ).

2. The establishment of the petitioner manufacturers scientific goods, and is located in Ambala Cantonment employing nine workmen. Under the Act, the appropriate Government under Sec.27 may

"add to either Part of the Schedule any employment in respect of which it is of opinion that minimum rates of wages should be fixed under this Act, and thereupon the Schedule shall in its application to the State be deemed to be amended accordingly. " A notification was issued under section 27 of the Act by the State of Punjab, which is the first respondent, on l/6th February 1958, adding at No.16 "employment in scientific Industries to be an item in Part I of the Schedule attached to the Act. In order to appreciate the contention of the learned counsel for the petitioner, to which I would shortly advert, it may be poin