Sri.Narayana

Swamy.K.B.,

learned

counsel

for

the

petitioners

and

Smt.Spoorthi.V.,

learned

HCGP

for

the

respondent have appeared in person.

The petition is listed today for orders regarding non-

compliance of office objections. Learned counsel for the

petitioners submits that minor objections are complied with and

other objections may be over-ruled.

Submission is noted. Office objections are over-ruled.

With the consent of learned counsel for the respective

parties, the Writ Petition is heard finally.

The brief facts are these.

The first petitioner is the Karnataka State Committee of

All India Trade Union Congress (AITUC for short), functioning in

the State of Karnataka, espousing the cause of the organized

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and more so of the unorganized workers. AITUC was founded in

the year 1920 and later came to be registered under the Trade

Unions Act, of 1926. It is a national-level premier trade union

federation, led by illustrious leaders of the national freedom

movement. In Karnataka, several trade unions have been

affiliated with AITUC. Thus, AITUC, through its affiliated trade

unions, represents about two lakh workers in the State of

Karnataka. The membership comprises Anganwadi Workers,

Mid-Day Meal Workers, Construction Workers, Factory Workers,

Contract Labor, Daily Wage Workers, Road Transport Workers,

Coffee-Estate Workers, Beedi Workers etc.,

The first petitioner has been espousing the cause of

workers employed in the minimum wage sector as these

workers do not have their trade union organizations to seek

better wages and service conditions from the employers of the

scheduled employment. It is estimated that there are about 1.7

Crore workers employed in the minimum wage sector in the

State of Karnataka. Hence, the first petitioner considers that it

is their paramount obligation to voice the grievances of these

voiceless workers employed in the minimum wage sector. This

Writ Petition is one such endeavor.

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The second petitioner is a trade union registered under

the Trade Unions Act and it is affiliated to AITUC. Workers in a

score

of

engineering

industries

and

general

services

establishments in and around Bengaluru Urban and Rural

District have become members of the second petitioner Union.

It has a membership of around 5,000 workers, which includes

those working in the minimum wage sector. Hence, the second

petitioner is vitally concerned that the respondent State

Government fixes the rates of minimum wages in scheduled

employment liberally and in accordance with the provisions of

the Minimum Wages Act, 1948 and in accordance with the law

laid down by the Apex Court and various High Courts about

fixation of minimum wages. The concept of minimum wages is

animated by the Directive Principles of State Policies.

The history of minimum wage fixation is replete with

umpteen cases of judicial intervention by the Hon'ble Supreme

Court and various High Courts from time to time to get justice

for workers employed in the minimum wage sector to ensure

not only the mandate of the Constitution of India in part III

under Article 19, 21 and 23 are not frustrated and violated, but

also to ensure that the appropriate Governments - Central and

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State Governments - give effect to the Directive Principles of

the State Policy enumerated in Part-IV of the Constitution.

The Government followed the guidelines prescribed by

the Hon'ble Supreme Court in the REPTAKOS BRETT case

while fixing the minimum rates of wages for the first time and

while reviewing and revising the rates of minimum wages on

subsequent occasions. There was no ambiguity in this regard.

The Labor Department would collect data relating to food

basket, clothing and house rent from different centers in the

State and based on the data so collected, would fix/ revise the

rates of minimum wages after applying the guidelines

prescribed in the case of REPTAKOS BRETT and would

propose the said rates in the Draft Notification under Section

5(1)(b) of the Act and ca