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1996 Supreme(All) 1450

PALOK BASU, R.K.MAHAJAN
HARI VIDYA MANDIR – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Mool Behari Saxena

R. K. MAHAJAN, J.

( 1 ) THIS is a writ petition filed by petitioner seeking a writ, order or direction in the nature of mandamus commanding the respondents not to enforce the notification dated December 1, 1984 (Annexure- 2 to the writ petition ). The notification relates to the enforcement of minimum wages to the teachers and staff of the Primary Schools issued in exercise of the powers under clause (b) of Sub-section (1) and Clause (c) of Sub-section (2) of Section 3 read with Clause (1)of Sub-section (1) of Section 4 of the Minimum Wages Act, 1948 (Act No. 11 of 1948) read with section 21 of the General Clauses Act, 1897 (Act No. 10 of 1897 ). It was issued after having invited objections from the affected parties and suggestions in respect of proposals published. The notification is to regularise wages of untrained teachers, trained teacher and Junior Basic teacher etc. So it relates to the trained and untrained teachers rates and wages from Rs. 325 to 515/- per month. In this notification the category of workers i. e. fourth class peon, cleaner and other unskilled workers, rickshaw chalak, etc. have also been mentioned. We are not concerned with them in this petition.

( 2 ) TH
























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