Evm Premium Cars India Pvt. Ltd vs State Of Kerala

Kerala High Court

Evm Premium Cars India Pvt. Ltd vs State Of Kerala on 24 May, 2024

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                    THE HONOURABLE MR. JUSTICE EASWARAN S.
            FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                            WP(C) NO. 5972 OF 2018
PETITIONERS:

     1       EVM PREMIUM CARS INDIA PVT. LTD
             BUILDING NUMBER 2/278, OPP. IOC FUEL STATION,KANNADIKKADU,
             MARADU PO, ERNAKULAM-682304,REP. BY MANAGING DIRECTOR.
     2       SABU JOHNY
             AGED 48 YEARS, S/O JOHNY MATHEW, RESIDING AT FLAT
             NO.3D,ORCHID COURT APARTMENTS, PANCHAVADI, VYTTILLA
             PO,ERNAKULAM. 582019
             BY ADVS.
             SMT.R.MANEESHA
             SMT.P.M.BINDHUMOL


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY ITS SECRETARY,LABOUR AND WELFARE
             DEPARTMENT,GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM.695001.
     2       UNION OF INDIA
             REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR,
             NEW DELHI- 110001.
     3       ASSISTANT LABOUR OFFICER
             ERNAKULAM 1ST CIRCLE, CIVIL STATION,KAKKANAD,
             KOCHI-682030.
             BY ADVS.
             SRI. K.M. FAISAL, GOVERNMENT PLEADER
             SRI.K.V.SOHAN, STATE ATTORNEY
             SRI.K.SHRI HARI RAO, CGC
             SRI.K.V.SOHAN STATE ATTORNEY
             SRI.K.SHRI HARI RAO CGC



     THIS    WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.5972 of 2018

                                     2


                              JUDGMENT

Dated this the 24th day of May, 2024 The challenge in the writ petition is against the amendment to the Kerala Minimum Wages Rules, 1958, which was brought as per Ext.P1 dated 08.07.2015. The point raised in the above writ petition is covered by the judgment of the Division Bench of this Court in Writ Appeal No.979/2018 dated 23.01.2020.

Accordingly, the writ petition is disposed of in terms of the judgment of the Division Bench, as referred above. Parties will be governed by the law declared by this Court in Writ Appeal No.979/2018 dated 23.01.2020.

Sd/-

EASWARAN S. JUDGE NB/24-5 W.P.(C) No.5972 of 2018 3 APPENDIX OF WP(C) 5972/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE KERALA MINIMUM WAGES RULES AMENDMENT ACT 2015 PUBLISHED VIDE NOTIFICATION DATED 8.7.2015 EXHIBIT P2 TRUE COPY OF THE WAGES (AMENDMENT) ACT 2017 NOTIFIED IN THE GAZETTE OF INDIA ON 16.2.2017 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 8.2.2018 IN WP(C) NO.4418/2018(B)` EXHIBIT P4 TRUE COPY OF THE ORDER DATED 8.2.2018 IN WP(C) NO.4387/2018(W) RESPONDENT EXHIBITS: NIL TRUE COPY P.A. TO JUDGE