Kerala Transport Company vs State Of Kerala
2023 Latest Caselaw 5091 Ker

WP(C) No.13621/2023                         1/4

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
            Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
                              WP(C) NO. 13621 OF 2023
   PETITIONER:

          M/S. KERALA TRANSPORT COMPANY, YMCA ROAD, KOZHIKODE 673001
          REPRESENTED BY ITS MANAGING PARTNER P.V. CHANDRAN

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT
         OF LABOUR AND SKILLS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
         -695001
      2. THE DEPUTY LABOUR COMMISSIONER (AUTHORITY UNDER THE MINIMUM WAGES
         ACT) THRISSUR, THE DEPUTY LABOUR COMMISSIONER (AUTHORITY UNDER THE
         MINIMUM WAGES ACT) THRISSUR,OFFICE OF THE DEPUTY LABOUR
         COMMISSIONER, CHEMBUKKAVU THRISSUR-680005.
      3. THE ASSISTANT LABOUR OFFICER, 3RD CIRCLE, THRISSUR THE ASSISTANT
         LABOUR OFFICER, 3RD CIRCLE, THRISSUR CHEMBUKKAV, THRISSUR 680005


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay all proceedings for implementation of Exhibit P-4 order,
   during the pendency of the above writ petition.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.C.ANIL KUMAR & A.K.PREETHA, Advocates for the petitioner, the court
   passed the following:
 WP(C) No.13621/2023                           2/4




                              RAJA VIJAYARAGHAVAN V, J.
                             -------------------------------------
                              W.P.(C) No. 13621 of 2023
                          -------------------------------------------
                         Dated this the 13th day of April, 2023



                                            ORDER

The learned Government Pleader takes notice for the respondents.

The learned counsel appearing for the petitioner submits that an

identical matter has been admitted by this Court in W.P.(C) No.38721 of

2022, and interim order has been passed.

The learned Government Pleader strenuously opposed the prayer. It

is submitted that the issue raised in this matter stands covered by a

judgment rendered by a Division Bench of this Court in Kerala

Non-Banking Finance Companies Welfare Association v. State of

Kerala and Others [2019 5 KHC 934] and submits that the petitioner is

not entitled to the interim order as prayed for.

Having considered the submissions and taking note of the fact that

identical matters have been admitted and interim orders have been granted,

there will be an interim order, as prayed for, for a period of six weeks.

WP(C) No.13621/2023 3/4

W.P.(C) No. 13621 of 2023

Tag this matter along with W.P.(C) No. 38721 of 2022 and post after

six weeks.

Sd/-

                                                   RAJA VIJAYARAGHAVAN V,
                                                           JUDGE
        sru
 WP(C) No.13621/2023                 4/4

                       APPENDIX OF WP(C) 13621/2023
Exhibit P4            TRUE COPY OF THE ORDER DATED 19/07/2022 PASSED BY THE
                      2ND RESPONDENT IN MWA NO. 39/2018