JUDGMENT 1. - This review petition is seeking review of the order passed by this Court on 23rd November, 1987. The said order was passed by this Court on a writ petition (D.B Civil Writ Petition No 1152/198i) filed by Smt. Kaushalya and 36 others who are famine workers/labourers, who had sent post cards to this Court, which were treated as writ petition and all the formalities were dispensed. This Court in the aforesaid writ petition ordered as under : "Consequently, we accept the prayer made by these famine relief workers/labourers in the post cards for granting minimum wages at the rate of Rs. 14/- to each of them and other workers of famine relief because it is not necessary that each worker who is working in famine relief work should come to this Court for protection of law, who are equally situated. Consequently, the writ petition is accepted and it is directed that workers/ labourers mentioned in Schedule 'A' which is also a part of this judgment, who are famine relief workers should be allowed minimum wages from the date of Notification i.e. 1-3-1987. The arrears of wages which have so far not been paid would be paid within a period of one month and compliance should be reported to this Court. In the facts and circumstances of this case, there is no order as to costs." 2. We may state that this Court in the aforesaid case accepted the prayer made by the famine relief workers/labourers and allowed the minimum wages at the rate of Rs. 14/- per day each. The present review petition has been file 1 mainly on the ground that while making the aforesaid order, this Court did not take into consideration the Notification dated 17th February, 1987 issued under Section 5 of the Minimum Wages Act, which has provided payment of minimum wages at the rate of Rs. 11/- per day per worker, on the task basis. It is also stated in the review petition that the State Government has also published a Notification in the Gazette dated 10th September, 1987, inviting objections/suggestions to revise the minimum wages in accordance with Section 3(l) (A) (B) read with Section 5(1) (B) of the Minimum Wages Act (for short, the Act). The period of inviting objections/suggestions expired only on 10th November, 1987 and the process of revising the minimum. The period of inviting objections/suggestions expired only on 10th November, 1987 and the process of revising the minimum. wages started soon thereafter, but because of this Court's order dated 23rd November, 1987, by which directions were issued to the State Government to pay minimum wages from the date of Notification dated 1st March, 1987, the same could not be completed. 3. It would appear from a perusal of the Notification issued under Section 5 of the Act, that it was not brought to the notice of this Court despite the Court's asking for the same. When the order of this Court dated 23rd Nov., 1987, was passed, even the order of the Supreme Court dated 28th November, 1987, was not placed before this Court as the same having not been reported in any of the reporter the court could not go through it. 4. It does appear to us that as a consequence of not producing the Notification and the order of the Supreme Court, it was ordered by this Court that minimum wages at the rate of Rs. 14/- per day to each of the workers working in famine relief work should be paid. It appears that the notification which has now been brought to the notice of this Court has been published and under law, if a notification is published in the Gazette every body is expected to know about it. It can, therefore, he said that there is an error apparent on the face of the record as the Notification under Section 5 of the Act was not considered by this Court. 5. Vide Notification published in the Rajasthan Gazette Extraordinary dated 23rd January, 1985 in exercise of the powers conferred by Section 27 of the Minimum Wages Act, 1948 after taking into consideration that no objections and suggestions have been received in pursuance of the notification dated 23rd October, 1984, the State Government amended Part I of the Schedule to the said Act, by adding some employments, including employment of all types of famine relief works it can, therefore, be said that the employment in famine relief works has become scheduled employment and the provisions of the Act are application to it After the said Notification, the Government vide Notification dated 16th October, 1986, fixed the minimum wages payable to the famine relief workers/labourers, at the rate of Rs. 11/- per day per worker. 11/- per day per worker. The same was on task basis. Thus, with effect from 30th January, 1985, the rate applicable to the famine relief workers/abourers on task basic is Rs. 11/- per day per worker. It will appear that the Notification dated 16th October, 1986, was published in the Rajasthan Gazette Extraordinary of the even date fixed the minimum wages on task basis. The said notification was not brought to the notice of this Court when the order sought to be reviewed was made The Supreme' Court in the case of the Social Work Research 'Centre etc. v. State of Rajasthan, in Writ Petition (Civil) Nos 279, 282 and 357 of 1986 decided on 14th November, 1986 , observed that: "We are glad to note that the Government of Rajasthan has pursuant to the recommendation of the Committee constituted under the Minimum Wages Act has fixed the rates of minimum wages for workers employed in the Famine Relief Work. The State Government will naturally pay to the workers the rates of minimum wages under this Notification with effect from 16th October, 1986, that being the date when the Notification was issued by the State Govt. We expressed the hope, in our earlier orders that the Central Govt. will provide necessary assistance to the State Govt. since the minimum wages required to be paid to workers are by way of famine relief operations. Since the acceptance of the recommendations of the committee constituted for fixing the rates of minimum wages and the implementation of the Notification will involve a burden of Rs. 20 crores, the Central Government may consider the question of providing assistance to the State Government, at an early date, particularly when it is meant for famine relief operation; We expected that the Central Government would at the earliest enable the state Government to see that these workers get the minimum wages. But we are informed by Dr. Singhvi, Advocate appearing on behalf of State Government that the Central Govt. does not appear to have taken a decision in this regard, and no grant has been made for meeting the expenses. We are glad to find that the State Government has accepted the suggestion made in paragraph 5 of the Report of the Committee constituted for fixing the minimum wages except in regard to the provisions of tools and plants which is under consideration of the State Government. We are glad to find that the State Government has accepted the suggestion made in paragraph 5 of the Report of the Committee constituted for fixing the minimum wages except in regard to the provisions of tools and plants which is under consideration of the State Government. We are happy that this public interest litigation has provided relief to a large number of needy poor persons and we also note with our sense of satisfaction as to the manner in which r be State Government has responded to this litigation." 6. The matter again came up before the Hon'ble Supreme Court in Civil writ Petitions No. 2/9, 282 and 357 of 1986 and under order dated 28th November 1986, the Hon'ble Supreme Court disposed of the same in terms of the order dated 14th November, 1986 with further direction that the petitioners will be at liberty to move this Court in case of any further difficulty. It was further observed that, "we hope that the Central Government will come to the aid of the state Government for applicability of the requirement of the Minimum Wages Act." 7. In exercise of the power conferred under Section 3(1) read with Section 5(1) of the Minimum Wages Act, the State Government issued a notification on 10th September, 1987, published in the Rajasthan Gazette Extraordinary, dated 11th September, 1987, where in it was proposed that the minimum wages payable to the workers/labourers working in the famine relief works shall be, Rs. 14/- per day per worker on task basis. Two months wars specified for submitting any objections to the aforesaid proposal, but none appears to have been received and a second notification, when was necessary for the applicability of the aforesaid increased minimum wages, was issued. 8. We are of the opinion that had the above referred notifications and the order of the Supreme Court been brought to the notice of this Court. perhaps this Court would have allowed only Rs. 11/- per day per worker working in the famine relief work. There can be no dispute that different rates of minimum wages have been provided for different scheduled employment. But at the same time, we can not ignore the fact that the State Government, of its own is considering that there was a case for increase of minimum wages by issuing notification dated 11th September, 1987, at the rate of Rs. There can be no dispute that different rates of minimum wages have been provided for different scheduled employment. But at the same time, we can not ignore the fact that the State Government, of its own is considering that there was a case for increase of minimum wages by issuing notification dated 11th September, 1987, at the rate of Rs. 14/- per day per worker, again based on task. It can, therefore, be said chat the proposal was mooted because in other scheduled employments the minimum rate was increased to Rs. 14/- per day We may statement in, notification dated 11th September, 1987 published in the Rajasthan Gazette, Extraordinary of even date, the minimum wages fixed for scheduled employment under the Act were increased to Rs. 14/- onwards. From a perusal of the contents of the notification dated 10th September, 1987, published in the Gazette dated 11th September, 1987, it is revealed that one of the considerations for inviting objections/suggestions, was to increase the minimum wages for the scheduled employment and to the workers working in famine relief work. We may state that under notification dated 16th October, 1986. the minimum wages payable was Rs. 11/- per day. 9. In view of the fact that the Hon'ble Supreme Court had observed that minimum wages should be paid to the workers working in the famine relief works as per the rates payable to the others, the State Government has come out with the notification dated 10th September, 1987 and we are of the opinion that it could not have discriminated on this account. 10. Be that as it may, it can be said that as per the Notification dated 10th September, 1987, published in the Rajasthan Gazette, Extraordinary, dated 11th September, 1987, a period of two months was prescribed for the proposals to be received for fixing the minimum wages and the Advisory Committee should have held its meeting or meetings within a reasonable time and thereafter a further notification confirming the rates proposed should have been issued. Even if We take that after expiry of two months' period specified in the said notification dated 10th September, 1987, and the Advisory Committee should have taken some time, we may say that the Advisory Committee should have met and finalised the matter by 10th December, 1987, and if the notification fixing the minimum wages in terms of Section 5(2). Even if We take that after expiry of two months' period specified in the said notification dated 10th September, 1987, and the Advisory Committee should have taken some time, we may say that the Advisory Committee should have met and finalised the matter by 10th December, 1987, and if the notification fixing the minimum wages in terms of Section 5(2). it would have come into force on the expiry of period of three months. In other words, it would have come into force from 11th March, 1988, and the workers would have got the minimum wages in terms of the order of the Supreme Court. Therefore, we are of the opinion that it would be just and equitable if the rates proposed in the Notification dated 10th September, 1987 are prescribed for the workers working in the famine relief work with effect from 11th March, 1988. 11. Therefore, we direct the State Government to issue a notification under Section 5(2) of the Minimum Wages Act making the wages proposed in the Notification dated 11th September, 1987 final and effective from 11th March, 1988, within a period of fifteen days. The arrears of wages i.e. the difference in Rs. 11/- and Rs. 14/- shall be paid to all the workers within a period of one month. In case, the notification as aforesaid is not issued, the review petition shall stand dismissed. *******