ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 19-06-2023 The writ petition is filed by an Association of Drug Manufacturers and 11 pharmaceutical companies. The challenge is against a notification issued by the State of Bihar produced as Annexure-1. The notification is issued under sub-Section (3) of Section-6 of the Sales Promotion Employees (Conditions of Services) Act, 1976 (for brevity “Act of 1976”) read with sub- Section-1(a) of Section-13 of the Minimum Wages Act, 1948 (for brevity “Act of 1948”). The notification prescribes 8 hours working day for the Sales Promotion Employees; the commencement and conclusion of which is also specifically notified as 09.00 A.M. to 06.00 P.M, with a lunch break between 02.00 P.M. to 03.00 P.M. The notification further provides that the Sales Promotion Employees working in excess of the time schedule or on the weekly day of rest will be entitled to over time payment at the rates prescribed in Rule 25 of the Bihar Minimum Wages Rules, 1951. We have heard Mr. Alok Kumar Sinha, learned counsel for the petitioners, Mr. Shakti Suman Kumar and Mr. Rajesh Ranjan No. 1, learned counsel for the Centre of Indian Trade Union representing the S