IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30-04-2009 CORAM: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.Nos.28741, 28749, 28782, 28783 and 28805 of 2008 And M.P.Nos.1, 2, 1, 2, 1, 2, 1 and 2 of 2008 W.P.NO.28741 OF 2008: TAMIL NADU SPINNING MILLS ASSOCIATION, NO.24, 11TH CROSS STREET, THIRUVALLUVAR NAGAR, SPENCER COMPOUND, DINDIGUL REPRESENTED BY ITS CHIEF ADVISOR, K.VENKATACHALAM ..PETITIONER ..vs.. 1. THE STATE OF TAMIL NADU, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LABOUR AND EMPLOYMENT DEPARTMENT, FORT ST. GEORGE, CHENNAI-9. 2. COIMBATORE DISTRICT MILL WORKERS' UNION (CITU), NO.127, ANUPPARPALAYAM, COIMBATORE – 641 009. 3. COIMBATORE (EAST) DISTRICT PANCHALAI THOZHILALAR SANGAM, THIYAGI PALANISAMY NILAYAM, NO.447, AVINASHI ROAD, TIRUPPUR – 641 607. 4. TAMIL NADU JOINT ACTION COUNCIL OF TEXTILE TRADE UNIONS, REPRESENTED BY ITS SECRETARY, NO.27, MOSQUE STREET, CHEPAUK, CHENNAI – 600 005. https://hcservices.ecourts.gov.in/hcservices/ 5. THE DISTRICT ANNA PANCHALAI THOZHILALAR SANGAM (REGN. NO.14/ANNA) REPRESENTED BY ITS DISTRICT SECRETARY THIRU V.JEYARAMAN, HAVING OFFICE AT 4D, SCHEME ROAD, DINDIGUL-1. 6. THE KOVAI DISTRICT PANCHALAI ANNA THOZHILALAR SANGAM (RELGN.NO.292/76), REPRESENTED BY ITS PRESIDENT THIRU V.K.DHANAGOPALAN. 7. THE COIMBATORE DISTRICT TEXTILE WORKERS UNION (HMS) REPRESENTED BY ITS GENERAL SECRETARY, NO.2212 TRICHY ROAD, SINGANALLUR, COIMBATORE – 641 005. 8. COIMBATORE DISTRICT MILL WORKERS UNION (AITUC) REPRESENTED BY ITS SECRETARY, NO.99, R.K.STREET, KATTOR, COIMBATORE - 641 009. 9. INDIAN NATIONAL TRADE UNION CONGRESS (TAMIL NADU BRANCH) REPRESENTED BY ITS VICE PRESIDENT, NO.45, ROYAPETTAH HIGH ROAD, CHENNAI – 600 014. 10. KOVAI MAVATTA PANJALAI ANNA THOZHILALAR SANGAM, REPRESENTED BY ITS PRESIDENT, NO.102, GREY TOWN, COIMBATORE – 641 018. 11. COIMBATORE PERIYAR DISTRICTS DRAVIDA PANCHALAI THOZHILALAR MUNNETRA SANGAM, REPRESENTED BY ITS GENERAL SECRETARY, NO.69, TATA BAD STREET-3, COIMBATORE – 641 012. 12. DINDIGUL PANCHALAI MARUMALARCHI THOZHILALAR MUNNANI, REPRESENTED BY ITS GENERAL SECRETARY (REGN. NO.112/ANNA), NO.49-G, EAST AROKIAMADHA STREET, NAGAL NAGAR POST, DINDIGUL – 624 003. ..RESPONDENTS https://hcservices.ecourts.gov.in/hcservices/ (RESPONDENTS 2 AND 3 IMPLEADED AS PER COURT ORDER DATED 5.1.2009 IN M.P.NO.3 OF 2008) (RESPONDENT-4 IMPLEADED AS PER COURT ORDER DATED 7.1.2009 IN M.P.NO.1 OF 2009) (RESPONDENTS-5 & 6 IMPLEADED AS PER COURT ORDER DATED 12.1.2009 IN M.P.NO.2 OF 2009) (RESPONDENTS-7 TO 12 IMPLEADED AS PER COURT ORDER DATED 20.1.2009 IN M.P.NOS.3 & 4 OF 2009) W.P.NO.28749 OF 2008: SHREE BHARANI SPINNINGS(INDIA)LIMITED, 129/2, UTHUKULI ROAD, VIJAYAMANGALAM-638 056 ERODE DISTRICT, REP. BY ITS EXECUTIVE DIRECTOR S. PARTHIBHAN. ..PETITIONER ..vs.. 1. THE STATE OF TAMIL NADU REP. BY ITS SECRETARY TO GOVERNMENT, LABOUR AND EMPLOYMENT DEPARTMENT, FORT ST. GEORGE, CHENNAI-9. 2. TAMIL NADU JOINT ACTION COUNCIL OF TEXTILE TRADE UNION, REP.BY ITS SECRETARY, NO.27 MOSQUE STREET, CHEPAUK, CHENNAI-5. ..RESPONDENTS (R2 IMPLEADER AS PER COURT ORDER DATED 07/01/09 IN MP.NO.1/09 IN WP.28749/2008 BY VRSJ) W.P.NO.28782/2008 & 28783/2008: THE SOUTHERN INDIA MILLS ASSOCIATION, 41, RACE COURSE, COIMBATORE - 641 018, ..PETITIONER IN REP. BY ITS CHAIRMAN. BOTH WPS. ..vs.. 1. THE STATE OF TAMILNADU, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, LABOUR & EMPLOYMENT J-1 DEPT., FORT ST. GEORGE, CHENNAI-9. https://hcservices.ecourts.gov.in/hcservices/ 2. THE UNION OF INDIA, REP. BY ITS SECRETARY TO GOVT., MINISTRY OF LABOUR, NEW DELHI. 3. TAMIL NADU JOINT ACTION COUNCIL OF TEXTILE TRADE UNIONS, 381, ANUPARPALAYAM, COIMBATORE-641 009. 4. COIMBATORE DISTRICT MILL WORKERS UNION (CITU), NO.127 ANUPPARPALAYAM, COIMBATORE-641 009. 5. COIMBATORE (EAST) DISTRICT PANCHALAI THOZHILALAR SANGAM, THIYAGI PALANISAMY NILAYAM, NO.447, AVINASHI ROAD, TIRUPUR 641 602. 6. LABOUR PROGRESSIVE FEDERATION, REP.BY ITS GENERAL SECRETARY, MR.M.SHANMUGHAM, NO.25, THYAGARAYAR STREET, ..RESPONDENTS 1 TO 6 NORTH USMAN ROAD, IN BOTH WPS. T.NAGAR, CHENNAI 600 017. (R4 TO 6 IMPLEADED AS PER COURT ORDER DATED 05/01/2009 IN MP.NOS.3 & 4/2008 AND 1 & 2/2008 IN WP.28782/2008 & 28783/2008 BY VRSJ) 7. THE COIMBATORE DISTRICT TEXTILE WORKERS UNION (HMS), REP.BY ITS GENERAL SECRETARY, NO.2212, TRICHY ROAD, SINGANALLUR, COIMBATORE 641 005. 8. COIMBATORE DISTRICT MILL WORKERS UNION (AITUC) REP.BY TIS SECRETARY, NO.99, R.K.STREET, KATTOR, COIMBATORE 641 009. 9. NATIONAL TEXTILE WORKERS UNION REP.BY ITS VICE PRESIDENT, NO.45, ROYAPETTAH HIGH ROAD, CHENNAI 600 014. https://hcservices.ecourts.gov.in/hcservices/ 10. COIMBATORE PERIYAR DISTRICTS DRAVIDA PANCHALAI THOZHILALAR MUNNETRA SANGAM REP.BY ITS GENERAL SECRETARY NO.69, TATABAD STREET 3, ..RESPONDENTS 7 TO 10 COIMBATORE 641 012 IN WP.NO.28783/2008 (R7 TO 10 IMPLEADED AS PER ORDER DATED 20/01/2009 IN MP.1/2009 IN WP.28783/2008 BY VRSJ) W.P.NO.28805 OF 2008: THE SOUTH INDIA SMALL SPINNERS ASSOCIATION, REP. BY ITS PRESIDENT, MR.G.SOUNDARARAJAN, CHAMBER TOWERS, 8/732, AVINASHI ROAD, COIMBATORE-641 018. ..PETITIONER ..vs.. 1. THE STATE OF TAMIL NADU REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT LABOUR AND EMPLOYMENT (J1) DEPARTMENT, FORT ST. GEROGE, CHENNAI-9. 2. THE UNION OF INDIA REP. BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF LABOUR, NEW DELHI. 3. TAMIL NADU JOINT ACTION COUNCIL OF TEXTILE TRADE UNIONS, NO.381, ANUPPARAPALAYAM, COIMBATORE-641 009. 4. COIMBATORE DISTRICT MILL WORKERS UNION (CITU) NO.127, ANUPPARPALAYAM, COIMBATORE 641 009. 5. COIMBATORE (EAST) DISTRICT PANCHALAI THOZHILALAR SANGAM THIYAGI PALANISAMY NILAYAM NO.447, AVINASHI ROAD, TIRUPUR-641 602. ..RESPONDENTS (R4 & 5 IMPLEADED AS PER COURT ORDER DATED 05/01/2009 IN MP.3/08 BY VRSJ) https://hcservices.ecourts.gov.in/hcservices/ WP.Nos.28741, 28749, 28782 and 28805 OF 2008: Writ petitions filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, calling for the records of the 1st respondent relating to the GO(2D) No.61, Labour and Employment(J1) Department dated 7.11.2008 and quash the same as unlawful, ultra vires the powers of the respondent. W.P.No.28783 OF 2008: Writ Petition filed under Article 226 of the Constitution of India, praying for the issue a Writ of Declaration declaring that the Section-3(3)(a)(iii) of the Minimum Wages Act in so far as it relates to apprentices, is constitutionally invalid and consequentially be struck down as ultravires on the ground that the inclusion has been done without intelligible differentiate. For Petitioners : Mr.AL.Somayaji,Sr. Counsel for M/s. T.S. Gopalan & Co. Mr.Vijay Narayan, Sr. Counsel for Mr. R.S. Pandiaraj Mr.T.R. Rajagopalan, Senior Counsel for Mrs. Chitra Sampath. For State of Tamil Nadu: Mr.P.S.Raman, Additional Advocate General. assisted by Mrs. Lita Srinivasan (GA) For Trade Unions : Mr.N.G.R.Prasad for M/s. Row & Reddy Mr.V.Prakash, Sr. counsel and Ms.D.Nagasaila For Union of India : Mr. P. Balamurugan COMMON ORDER While 4 writ petitions arise out of a challenge to a final notification issued by the Government of Tamil Nadu, fixing minimum rate of wages payable to the apprentices engaged in the employment in Textile Mills, one writ petition challenges the vires of Section 3(3) (a)(iii) of the Minimum Wages Act, 1948, on the ground that no minimum rate of wages can be fixed for apprentices. 2. I have heard Mr.AL.Somayaji, Mr.Vijay Narayan and Mr.T.R. Rajagopalan, learned Senior Counsel for the petitioners, Mr.P.S.Raman, learned Additional Advocate General for the State of Tamil Nadu, Mr.P. Balamurugan, learned Central Government Standing https://hcservices.ecourts.gov.in/hcservices/ Counsel, and Mr.N.G.R.Prasad, Mr.V.Prakash and Ms.D.Nagasaila, learned counsel appearing for the Trade Unions impleaded as parties to the writ petitions. 3. In February 2006, the State Textile Workers Federation made a representation through the Centre of Indian Trade Unions (CITU), to the Government of Tamilnadu, alleging that the Textile Mills in Tamilnadu were indulging in an exploitative practice of engaging adolescent girls under a scheme known as Thirumagal Thirumana Thittam and that the same amounted in fact, to forced labour. Thereafter, the Centre of Indian Trade Unions (CITU) filed a writ petition in W.P.No.5453 of 2006 on the file of the Madurai Bench of this court seeking a direction to the Government to consider their representation. But the said writ petition was dismissed by a judgment dated 7-7-2006 {2007 (2) LLJ 640} by the Division Bench, holding that a roving enquiry cannot be ordered into the matter since the grievance of the Union could be redressed by the concerned labour authorities. 4. Subsequently, a preliminary notification was issued by the Government of Tamil Nadu in G.O.Ms.No.67, Labour and Employment Department, dated 8.8.2006, for inclusion, in Part-I of the Schedule to the Minimum Wages Act, 1948, of the employment in "Textile Mills including Composite Mills, Spinning Mills, Weaving Mills, Open Ended Mills and the various processes in the above said Mills like Blow Room, Carding, drawing, fly frames, spinning, winding, doubling, reeling, packing, warping-sizing and other processes in the Textile Mills, whether carried out singly or together". 5. Objections and suggestions were invited to the preliminary notification and after considering them, the preliminary notification was confirmed without any modification, by G.O.Ms.No.1, Labour and Employment (J2) Department, dated 3.1.2007. Accordingly, a notification was published in the Tamil Nadu Government Gazette, including the employment in Textile Mills at Serial No.88 in Part-I of the Schedule to the Act, by way of amendment, in exercise of the powers conferred by Section 27 of the Act. 6. Thereafter, the Chief Inspector of Factories sent a report dated 14-2-2007 to the Government, stating that a camp coolie system was prevalent in Textile Mills under the name "Thirumagal Thirumana Thittam" and that young girls above the age of 15 years were being engaged under the system for 3 years as apprentices and that their appointments were legalised by the Certification of the Standing Orders and that full production was carried on by the Mills by engaging 60 to 80% of them as the total work force and that after completing a tenure of 3 years these girls are paid a lump sum amount ranging from Rs.30,000/- to Rs.50,000/- to meet out their marriage expenses. The report also contained the following statistics: https://hcservices.ecourts.gov.in/hcservices/ ---------------------------------------------------------------------- Place Total No. Of Mills Number of Mills Number of engaging them persons so engaged Erode 185 73 7810 Coimbatore 1041 291 21599 Dindigul 145 42 9052 ---------------------------------------------------------------------- 7. It was further stated in the said report that several trade unions had expressed dissatisfaction about this system and that some allegations of sexual harassment of these girls had also arisen. The report recommended that since it might be impossible to abolish the system all of a sudden, it would be better to appoint monitoring committees at the district level. 8. Accepting the recommendations of the Chief Inspector of Factories, the Government issued G.O.Ms.No.62, Labour and Employment department, dated 30-3-2007, appointing District Monitoring Committees in the districts of Erode, Coimbatore and Dindigul. 9. At about the same time, a complaint/intimation was sent in the last week of March 2007, by one Mr.A.Mahaboob Batcha, Managing Trustee, Society for Community Organisation Trust, Madurai, to the National Human Rights Commission, alleging that thousands of girls in the age group of 15 to 20, were employed as bonded labourers by certain Textile Mills, under some dubious schemes known as "Sumangali Marriage Thittam" and "Thirumagal Thirumana Thittam". 10. The National Human Rights Commission took the complaint on file and issued a notice dated 10.4.2007 to the Government of Tamil Nadu, directing them to look into the matter and submit a factual report within 4 weeks. Therefore, after receiving the recommendations of the the Commissioner of Labour and the Chief Inspector of Factories, the Government issued G.O.Ms.No.137, Labour and Employment Department, dated 22.6.2007, ordering the constitution of District Monitoring Committees in the Districts of Erode, Coimbatore, Dindigul, Madurai, Theni, Salem, Namakkal, Karur, Sivaganga, Ramanathapuram, Virudhunagar, Tirunelveli, Tuticorin, Dharmapuri, Krishnagiri, Trichy and Vellore. This G.O was issued in supersession of the earlier order G.O.Ms.No.62, Labour and Employment department, dated 30-3-2007. The Monitoring Committees constituted by this G.O 137, were to comprise of the respective District Collectors as their Chairmen and the Deputy Commissioners of Labour of the Districts, the Deputy Chief Inspectors of Factories of the Districts and the District Revenue Officers as their members. The Committees were assigned the task of identifying Mills where young girls are employed https://hcservices.ecourts.gov.in/hcservices/ as apprentices, examining their working conditions and advising the measures to be taken for prevention of exploitation of young girls in the guise of apprentices. 11 At that time, a trade union filed a public interest writ petition in W.P.No. 21868 of 2007, challenging the validity of the first Government Order G.O.Ms.No.62, Labour and Employment department, dated 30-3-2007 and seeking a direction to the Government to abolish the camp coolie system. On 28-6-2007, the First Bench of this court took the writ petition on file and directed the Government to file a counter and also to place on record the reports of the Monitoring Committees. 12. Thereafter, a second public interest litigation was filed by 2 other Trade Unions in W.P.No.27362 of 2007, challenging the second Government Order in G.O.Ms.No.137, Labour and Employment Department, dated 22.6.2007 and also seeking a direction to abolish the Camp Coolie System. On 3-10-2007, the First Bench of this Court took that writ petition also on file, and issued certain preliminary directions. The summary of the directions issued by the First Bench, is as follows:- (a) There shall be a District Monitoring Committee comprising of the District Collector, Deputy Chief Inspector of Factories, Deputy Labour Commissioner, one representative of the District Legal Services Authority and one woman NGO, nominated by the District Legal Services Authority. (b) The District Monitoring Committee should carry out surprise inspections of the Textile Mills in their respective Districts, as well as in the places where the female workers were accommodated and collect information about the wages paid to them and their working conditions, in order to find out whether they are merely Learners/Apprentices or engaged in regular employment. (c) Each of those Committees shall submit its report to the Registrar-General within 3 months, along with their recommendations for regularisation of their services and for payment of regular wages. 13. At this stage, the Tamil Nadu Spinning Mills Association, which was impleaded suo motu by the First Bench in the above PIL (W.P.No.27362 of 2007), came up with a writ petition in W.P.No.9182 of 2007, challenging the final notification issued under G.O.Ms.No.1, dated 3.1.2007, by which Textile Mills were included in Part-I of the Schedule to the Minimum Wages Act, 1948. But that writ petition was https://hcservices.ecourts.gov.in/hcservices/ dismissed by the First Bench (to which I was a party), by an order dated 31.10.2007 and the notification was upheld. 14. Thereafter, the Government issued a draft notification in G.O. (2D) No.26, Labour and Employment (J1) Department, dated 16.5.2008, proposing to fix the minimum rate of wages payable to the Apprentices engaged in the employment in Textile Mills at Rs.110/- per day, apart from Dearness Allowance specified in the Explanation to the notification. This notification was published in the Tamil Nadu Government Gazette, Part-II, Section 2 at page-203. 15. The Southern India Mills Association, the South India Small Spinners Association, The Tamil Nadu Spinning Mills Association, Employers' Federation of South India and about 302 Mills as well as some Trade Unions, sent objections and suggestions to the draft notification. After considering the objections/suggestions, the Government issued G.O. (2D) No.61, Labour and Employment (J1) Department, dated 7.11.2008, confirming the draft notification. Paragraphs-3 to 5 of the final notification dated 7.11.2008, spelt out the process by which the Government arrived at the decision to confirm the draft notification and hence they are reproduced as under:- "3. The Government have carefully examined the objections/suggestions received from the Southern India Mills Association, the South India Small Spinners Association, Tamil Nadu Spinning Mills Association, the Employers' Federation of Southern India, 302 individual mills and few Trade Unions and also the report of the Commissioner of Labour in this regard. The Government have examined, considered and decided to reject the objections/suggestions made by individual mills, Employers' Associations and Trade Unions. Accordingly, the Government confirm the above preliminary notification. 4. The Government by fixing minimum rates of wages to apprentices in textile mills have acted upon the direction of the Division Bench of the Hon'ble Madras High Court in the interim order dated 3.10.2007 in a writ petition filed by certain Trade Unions in W.P.No.27362 of 2007, to the authorities to take steps to ensure that these apprentices receive wages as per the law. 5. The Government have taken into consideration of various factors like the existing low wages paid to apprentices, the rapid changes in the consumer price index adversely affecting the living https://hcservices.ecourts.gov.in/hcservices/ conditions of workers, representations made by various trade unions to the Government regarding the plight of apprentices, notice issued by the National Human Rights Commission in this issue and the direction by the Division Bench of the Hon'ble Madras High Court to the authorities to take steps to ensure that these apprentices receive wages as per the law." 16. The final notification published in the Government Gazette reads as follows:- "In exercise of the powers conferred by clause (a) of sub-section (1) of section 3 and clause (b) of sub-section (1) of section 5 of the Minimum Wages Act, 1948 (Central Act XI of 1948), the Governor of Tamil Nadu hereby fixes the minimum rate of wages payable to the apprentices engaged in the Employment in Textile Mills, including Composite Mills, Spinning Mills, Weaving Mills, Open Ended Mills and the various processes in the above said mills like Blow Room, Carding, drawing, fly frames, spinning, winding, doubling, reeling, packing, warping-sizing and other processes in the Textile Mills, whether carried out singly or together, in the State of Tamil Nadu, as Rs.110/- (Rupees one hundred and ten only) per day, the draft of the same having been previously published as required by clause (b) of sub-section (1) of section 5 of the said Act and objections and suggestions received having been considered under sub-section (2) of section 5 of the said Act. EXPLANATIONS:- (1) In addition to the minimum rate of wages fixed above, the apprentices shall be paid dearness allowance as specified below:- (i) The dearness allowance is linked to the average of Chennai City Consumer Price Index for the year 2000 i.e., 475 points with base 1982 = 100 and for every rise of one point over and above 475 points, an increase of 23 paise (Twenty three paise only) shall be paid as dearness allowance per day. (ii) The dearness allowance shall be calculated every year on the 1st April on the basis of the average of the indices for the preceding 12 (Twelve) months, that is, from January to December. https://hcservices.ecourts.gov.in/hcservices/ (iii) The first calculation shall thus be effective from the date of publication of this Notification in the Tamil Nadu Government Gazette based on the Average Consumer Price Index number for the previous year. (2) Where the nature of work is the same, no distinction in the payment of wages shall be made as between men and women apprentices. (3) To arrive at monthly wages, the daily wages shall be multiplied by 30. (4) Wherever the existing wages are higher than the minimum wages fixed herein, the same shall be continued to be paid. 2. This Notification shall come into force with effect on and from the date of publication in the Tamil Nadu Government Gazette Extraordinary, dated the 7th November 2008." 17. Challenging the above final notification, several Associations of the Managements of Mills have come up with 4 writ petitions. Since one of the grounds of challenge in these 4 writ petitions is that an apprentice is not an employee for whom minimum wage can be fixed, a 5th writ petition is filed challenging the vires of Section 3(3)(a)(iii) of the Minimum Wages Act, which includes even apprentices. Let me first take up the writ petitions, challenging the final notification. GROUNDS OF CHALLENGE TO THE FINAL NOTIFICATION: 18. Though Messers.A.L.Somayaji, Vijay Narayan and T.R. Rajagopalan, learned Senior Counsel appearing for the petitioners projected the challenge to the final notification from different dimensions, all the grounds of challenge actually revolve around certain fundamental issues. Therefore, the grounds of challenge, in simple terms, are crystallised as follows:- (a) That the very object of the Act, is to help workers in the unorganized Sector, where there is sweated labour and hence no notification can be issued in respect of employment in Textile Mills, where the workmen are well organised through Trade Unions; (b) That there is no power under the Minimum Wages Act, to fix the rate of wages for apprentices, since there must be a relationship of master and servant, to enable the Government to fix the minimum rate of wages; https://hcservices.ecourts.gov.in/hcservices/ (c) That in view of the various provisions of the Apprentices Act, 1961, it is only the appropriate Government which is entitled to fix the stipend payable to them and the fixation of minimum wages runs contrary both to the legislative intent and the provisions of the Apprentices Act, 1961; (d) That there are references pending adjudication before the Industrial Tribunal, in view of which, there is a bar under the last limb of Section 3(2-A) of the Minimum Wages Act, to issue any notification; (e) That the Government failed to constitute a Committee as per Section 5(1) and resorted to the power under Section 5(2), but without constituting any Advisory Board as per the proviso to Section 5(2); (f) That the action of the Government is vitiated by malice in law and is a colourable exercise of power; (g) That different rate of minimum wages for the apprentices in different industries, cannot be fixed; (h) That the inclusion of Dearness Allowance by way of "Explanation" in the impugned notification, is contrary to law; (i) That in any event, the impugned notification fixes minimum wages on an adhoc basis, without taking into account the six basic components for determining minimum wages, as laid down by the Apex Court. GROUND-1 (Sweated Labour): 19. The first ground of attack to the impugned notification, is that the Minimum Wages Act, is intended for the benefit of sweated labour and the workers in the unorganised sector. Workers in the Textile Mills are an organised lot and hence fixation of minimum rate of wages for the apprentices in the Textile Industry is not in tune with the objects of the Act. 20. In support of the above contention, the petitioners rely upon an observation of the Supreme Court in Edward Mills Co. vs. State of Ajmer {AIR 1955 SC 25}, where it was stated that "the legislature undoubtedly intended to apply this Act, not to all industries but to those industries only where by reason of unorganised labour or want of proper arrangements for effective regulation of wages or for other causes, the wages of labourers in a particular industry were very low. " 21. The above contention can be tested easily on the basis of the Statement of Objects and Reasons, spelt out in the Bill. https://hcservices.ecourts.gov.in/hcservices/ Paragraph-1 of the Statement of Objects and Reasons, reads as follows:- "The justification for statutory fixation of minimum wages is obvious. Such provisions which exist in more advanced countries are even more necessary in India, where workers' organisations are yet poorly developed and the workers' bargaining power is consequently poor." In paragraph-2 of the Statement of Objects and Reasons, it is stated as follows:- "The items in the Schedule are those where sweated labour is most prevalent or where there is a big chance of exploitation of labour. After a time, when some experience is gained, more categories of employments can be added and the Bill provides for additions to the Schedule." 22. Paragraph-2 of the Statement of the Objects and Reasons, answers the first ground of challenge directly, by indicating that the Act provides for fixation of minimum rates of wages for employments covered by the Schedule, and that the industries included in the Schedule are either those where sweated labour is most prevalent or those where there is a big chance for exploitation of labour. In other words, the object of the Act is not merely to enable the Government to fix minimum wages for industries where there is sweated labour, but also to enable such fixation even in employments where there are big chances for exploitation of labour. This is why even in Edward Mills case, relied upon by the petitioners, the Supreme Court observed that "the conditions of labour vary under different circumstances and that the expediency of including a particular trade or industry within the Schedule depends on a variety of facts which are by no means uniform". 23. Exploitation need not necessarily be by the Managements of Industries alone. It could also be by Trade Unions. Therefore merely because the work force in an industry is well organised,