JUDGMENT : R.K. Mahajan, J. Case called out in the revised list. None appears for the petitioners. Shri K. P. Agarwal for the respondents. 2. Tilts is a writ petition in the nature of certiorari quashing the impugned Notification No. 981/XXXVI-I 1075 (St)-85, dated 15.3.1991 (Annexure No. 7). The petitioners have further prayed that a writ in the nature of mandamus be also Issued commanding the respondents No. J to 4 not to take any proceedings in pursuance of the Impugned notification. 3. The writ petition relates to quashing of notification (Annexure No. 7) regarding fixing of minimum rate of wages in respect of workmen employed in hotel and restaurants in Uttar Pradesh. Vide notification dated 15,3.1991, the rates of pay of Dhaba Restaurant workers were increased considering the rise in prices by issuing notification u/s 3 (b) of U. P. Industrial Disputes Act (U. P. Act No. 28 of 1947). This notification has been challenged on the grounds that notification is arbitrary and Invalid. It Is also alleged that there was no emergency or any other ground to fix the revised wages. It was further alleged that there was no throat or strike during the last seven years in this Industry. 4. An extract of notification dated 15.3.1991 is quoted with an advantage : "Whereas workmen employed in Hotel and Restaurant Industries have been consistently pressing for a long time for revision of their wages and special allowance : And whereas in the last several years there has been phenomenal Increase in dearness and great resentment was prevailing among the workmen. Keeping in view of this a Tripartite Conference of this Industry was convened on October 25, 1989. Keeping in view of this a Tripartite Conference of this Industry was convened on October 25, 1989. Inspite of due information of this Conference, employers did not participate, rather boycotted it ; And whereas workmen of the aforesaid Industry have threatened that If their wages and dearness allowance are not revised they would resort to strike : And whereas in the opinion of the State Government it is necessary so to do for securing the maintenance of public order and for maintaining employment ; Now, therefore, in exercise of powers under clause (b) of Section 3 of the U. P. Industrial Disputes Act, 1947 (U. P. Act No. 28 of 1947), the Governor is pleased to make following order and u/s 19 of the said Act, to direct that the notice of this order shall be given by publication in the Gazette: ORDER Minimum Rates of Wages in respect of workmen employed in Hotels and Restaurants in Uttar Pradesh. 1. The minimum rates of wages payable to adult workmen for different classes of work on 167 points of All India Consumer Price Index Number (Base : 1982 = 100) shall be as follows : (i) (A) Minimum rates of wages payable to adult workmen for different classes of work undertaken at Missoula, Dehradun. Hardwani, Nainital. Lucknow, Varanasi, Agra. Faizabad, Hardwar, Mathura cities and at other cities having population above one lakh. Sl. No. Description of Hotels and Restaurants Minimum wages per month in rupees for different class of workmen. A B C D E F 1. Dhaba or Restaurants on the road side or in colonies (Mohalla) In which less than five workmen are employed 520.00 546.00 590.00 650.00 871.00 988.00 2. Annual 5.00 5.00 5.00 6.00 8.00 10.00 The operation of the impugned notification has been stayed by this Court on 30.5.1991. 5. Learned counsel for the petitioner is not present. I myself have gone through the writ petition and heard Sri K. P. Agarwal, learned counsel appearing for the respondents. Annual 5.00 5.00 5.00 6.00 8.00 10.00 The operation of the impugned notification has been stayed by this Court on 30.5.1991. 5. Learned counsel for the petitioner is not present. I myself have gone through the writ petition and heard Sri K. P. Agarwal, learned counsel appearing for the respondents. I am inclined to hold the notification valid in view of the directive principles of the Constitution of India in Article 43, and other reasoning Article 43 of the Constitution of India is quoted with an advantage : "Article 43.-The State shall endeavor to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas", 6. This provision envisage for living wage and the goal in the Constitution of India is to give living wages so that at least workmen can lead minimum life of dignity. Article 21 of the Constitution of India means something more than a survival or animal existence. Kindly see State of Maharashtra Vs. Chandrabhan Tale, (1983) 3 SCC 387 . This notification can also be held valid under Article 21 of the Constitution of India which also lays down that everyone has a right to live life with human dignity and not below the animal existence. The Legislature in its wisdom u/s 3 of U. P. Industrial Disputes Act after weighing so many conditions issued the notification. The court cannot go behind the wisdom of the Legislature unless it infringes fundamental rights of the citizens under Chapter III of the Constitution of India. Section 3 of U. P. Industrial Disputes Act, 1947 is quoted with an advantage : "3. The court cannot go behind the wisdom of the Legislature unless it infringes fundamental rights of the citizens under Chapter III of the Constitution of India. Section 3 of U. P. Industrial Disputes Act, 1947 is quoted with an advantage : "3. Power to prevent strikes, lock-outs, etc.-If, in the opinion of the State Government it is necessary or expedient so to do for securing the public safety or convenience or the maintenance of public order or supplies and services essential to the life of the community or for maintaining employment, it may, by general or special order, make provision : (a) for prohibiting, subject to the provisions of the order, strikes or lick-outs generally, or a strike or lock-out in connection with any Industrial dispute ; (b) for requiring employers, workmen or both to observe for such period, as may be specified in the order, such terms and conditions of employment as may be determined in accordance with the order : (c) for appointing committees, representative both of the employer and workmen for securing amity and good relations between the employer and workmen and for settling Industrial disputes by conciliation ; for consultation and advice on matters relating to production, organization, welfare and efficiency ; (d) for constitution and functioning of Conciliation Boards for settlement of Industrial disputes in the manner specified in the order ; (e) for requiring any public utility service, or any subsidiary undertaking not to close or remain closed and to work or continue to work on such conditions as may be specified in the order : (f) for exercising control over any public utility service, or any subsidiary undertaking by authorizing any person (hereinafter referred to as an authorised controller) to exercise, with respect to such service, undertaking or part thereof such functions of control as may be specified in the order ; and on the making of such order the service undertaking or part, as the case may be, shall so long as the order continues to be carried on in accordance with any directions given by the authorized controller in accordance with the provisions of the order ; and every person having any functions of management of such service, undertaking or part thereof shall comply with such directions : (g) for any Incidental or supplementary matters which appear to the State Government necessary or expedient for the purposes of the order : Provided that no order made under clause (b): (i) shall require an employer to observe terms and conditions of employment less favourable to the workmen than those which were applicable to them at any time within three months preceding the date of the order." 7. Learned standing counsel supported the notification. He cited a Judgment of Hon'ble Supreme Court in Civil Appeal No. 589 of 1972 and Civil Appeal Nos. 541-546 of 1973, Ministry of Labour and Rehabilitation and another v. Tiffin's Barytes Abastes and Paints Limited and another. In which the Hon'ble Supreme Court laid emphasis regarding fixation of minimum wages and it was further laid down that in a writ Jurisdiction under Article 226 of the Constitution of India minimum wages should not be interfered as they are already minimal except on substantial ground. It was also observed that the legislation is a social welfare legislation undertaken to further the Directive Principles of State policy and it cannot be struck down on mere technicalities. It may be pointed out that the State has refuted the allegation In counter-affidavit. 8. In my considered view. It is not the requirement that there should be actual threat to public safety or public order or actual strike. Notification can be issued even in anticipation to maintain public order or public safety. Hotel Is an Industry. If it is unable to pay minimum wages. It has no right to exist under Article 23 of the Constitution of India. Right of exploitation has been protected against workers or any of forced kind of labour. The Hon'ble Supreme Court ensured that minimum wages should be paid to the workers as it Is violation of Article 23 of the Constitution of India if same is not paid. It was so observed in People's Union for Democratic Rights and Others Vs. Union of India (UOI) and Others, (1982) 3 SCC 235 ; People Union of Democratic Right v. Asiad Workers (1983) 2 SCR 456. The minimum wages have been fixed In view of principles contained in the preamble of the Constitution of India to achieve justice, to social and economic. The workers cannot be left in the lurch without being paid minimum wages to achieve social Justice. 9. Shri K. P. Agarwal,learned counsel for the respondents has cited State of Uttar Pradesh and Others Vs. Basti Sugar Mills Co., Ltd., AIR 1961 SC 420 , in which emergency power of the State Government and notification u/s 3 (b) of U. P. Industrial Disputes Act were upheld regarding payment of bonus for past period. Since this is a social legislation and it is not possible to quash it he notification is therefore, upheld. Basti Sugar Mills Co., Ltd., AIR 1961 SC 420 , in which emergency power of the State Government and notification u/s 3 (b) of U. P. Industrial Disputes Act were upheld regarding payment of bonus for past period. Since this is a social legislation and it is not possible to quash it he notification is therefore, upheld. 10. The writ petition is dismissed with cost of Rs.2,000. Stay order, if any, stands vacated. A copy of this order be sent to the respondent No. 1 with the observation that in view of quashing (non-quashing) of the notification this Court hopes and trusts that the notification be implemented fully to give relief to workers.