2005 (8) TMI 699

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....Challenge in this appeal is to the judgment rendered by a Division Bench of the Orissa High Court quashing Clause-iii of paragraph 7 of the Explanation in Notification No. 514(E) dated 12.07.1994 issued by the Government of India, Ministry of Labour in purported exercise of powers conferred by Section 3(1)(b) read with Section 4(1)(iii) and 5(2) of the Minimum Wages Act, 1948 (in short `the Act). ....

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....etres." The High Court held that the authority issuing the Notification overlooked that it did not have the source of statutory power to incorporate such explanation in the Notification as done and, accordingly, as noted above, held that though the Notification was in operation, the Clause-(iii) of paragraph 7 of the Explanation is non est. Mr. Amarendra Sharan, learned Additional Solicitor Gen....

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....it did not indicate any reason as to why it was of the view that the authority issuing the Notification lacked statutory power to issue the Notification. Though the judgment runs to several pages, after noticing the rival submissions, the High Court in a very cryptic manner, disposed of the writ petition coming to the aforesaid view. It is not the number of pages in a judgment which is relevance. ....

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....ies shall be free to place all relevant aspects for consideration of the High Court when the matter is taken up afresh. It appears that no interim orders were passed by this Court. While the writ petition is being heard by the High Court, the relief that was granted to the writ petitioners, would be continued. By granting this protection, it shall not be construed as if we have expressed by opinio....