Vanaja K.T.V vs State Of Kerala
2023 Latest Caselaw 166 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                     WP(C) NO. 417 OF 2023
PETITIONER/S:

            VANAJA K.T.V.,AGED 51 YEARS
            W/O.M.K.RAGHAVAN,VAISHNAVAM,
            MAMBALAM, PAYYANNUR,
            KANNUR DISTRICT., PIN - 670307
            BY ADV M.SASINDRAN


RESPONDENT/S:
    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          LABOUR AND REHABILITATION DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
    2     THE LABOUR COMMISSIONER
          VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM,
          PIN - 695033
    3     THE DEPUTY LABOUR COMMISSIONER
          KANNUR, KANNUR DISTRICT, PIN - 670001
    4     THE ASSISTANT LABOUR OFFICER, KANNUR
          PAYYANNUR, KANNUR DISTRICT, PIN - 670307
    5     THE DEPUTY TAHSILDAR,
          PAYYANNUR TALUK, PAYYANNUR
          KANNUR DISTRICT, PIN - 670307
    6     THE VILLAGE OFFICER
          PAYYANNUR VILLAGE, PAYYANNUR
          KANNUR DISTRICT, PIN - 670307
          BY ADV SREEHARI INDUKALADHARAN
OTHER PRESENT:
          SMT.SABEENA P ISMAIL         GP FOR ADGP
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   06.01.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                        -2-
W.P.(C). No. 417 of 2023



                             P.V.KUNHIKRISHNAN, J.
                              ======================================================

                                  W.P.(C) No.417 of 2023
                           =============================================================

                     Dated this the 6th day of January, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"i) declare that Exhibit P3 order and consequential steps to realize the amount covered under Exhibit P3 is illegal, arbitrary and unsustainable.

ii) issue a writ of certiorari, quashing or setting aside Exhibit P1, Exhibit P2 and Exhibit P3.

iii) to command the 3rd respondent to afford an opportunity of being heard on the Ext.P7 claim petition and to pass a fresh order thereafter.

iv) award cost to the petitioner.

v) issue such other appropriate reliefs to the petitioner as this Hon'ble Court may deem fit and proper in the interest of justice." (sic)

2. The petitioner is the proprietor of Payyannur Bakers.

According to the petitioner, the petitioner's establishment is

functioning without any complaints from any corner for the last

so many years. It is also the case of the petitioner that the 4 th

W.P.(C). No. 417 of 2023

respondent without serving any notice to the petitioner, filed a

claim petition before the 3rd respondent for realising the alleged

arrears of minimum wages due to her employees. It is the case of

the petitioner that the 3rd respondent, without hearing the

petitioner, passed Ext.P3 order directing the petitioner to remit

the alleged arrears of minimum wages due. It is the case of the

petitioner that the petitioner was not served with any notice and

she was not aware of the order. It is also the case of the petitioner

that she did not remit the amount. Now the 5th respondent issued

Ext.P1 demand notice asking the petitioner to remits the amounts.

Aggrieved by Exts.P1, P2 and P3, this writ petition is filed.

3. Heard the counsel for the petitioner and the

Government Pleader attached to the Office of the Additional

Advocate General.

4. The main contention raised by the petitioner is that

Ext.P3 is an order passed without giving an opportunity of

W.P.(C). No. 417 of 2023

hearing to the petitioner. A perusal of Ext.P3 would show that the

notice was issued to the petitioner and the petitioner has not

accepted the same. A perusal of Ext.P3 also would show that

there is some lapse on the part of the petitioner. But it is clear

that Ext.P3 is an order passed without hearing the petitioner. In

such circumstances, I think Ext.P3 can be set aside without

making any observation on merit. There can be a time limit to

dispose the matter afresh by the 3rd respondent.

Therefore, this writ petition is allowed in the following

manner:

1. Exts.P1, P2 and P3 are set aside.

2. The 3rd respondent is directed to reconsider the matter, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.

W.P.(C). No. 417 of 2023

3. I make it clear that I have not considered the matter on merit, and the 3rd respondent is free to pass appropriate orders, in accordance to law.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 417 of 2023

APPENDIX OF WP(C) 417/2023

PETITIONER EXHIBITS Exhibit1 A TRUE COPY OF THE DEMAND NOTICE (RRC NO.2022/546/13) DATED 06.10.2022 ISSUED BY THE 5TH RESPONDENT Exhibit P1(a) TRUE TRANSILATION OF EXT P1 Exhibit P2 A TRUE COPY OF THE ATTACHMENT ORDER RRC BI,2022/5462/13 DATED 06.10.2022 ISSUED BY THE 5TH RESPONDENT Exhibit P2(a) TRUE TRANSILATION OF EXT P2 Exhibit P3 A TRUE COPY OF THE ORDER DATED 09.04.2021 IN MINIMUM WAGES CASE NO.M.C.P.NO.95/2018 ISSUED BY THE 3RD RESPONDENT .

Exhibit P3 (a) TRUE TRANSILATION OF EXT P3 Exhibit P4 A TRUE COPY OF THE INSPECTION ORDER NO.430/2018 DATED 23.05.2018 ISSUED BY THE 4TH RESPONDENT BEING THE INSPECTOR Exhibit P5 A TRUE COPY OF THE SHOW CAUSE NOTICE NO.430/18 DATED 05.10.2018 ISSUED BY THE 4TH RESPONDENT Exhibit P6 A TRUE COPY OF THE NOTICE NO.430/18 DATED 05.10.2018 ISSUED BY THE 4TH RESPONDENT Exhibit P6(a) TRUE TRANSILATION OF EXT P6 Exhibit P7 A TRUE COPY OF THE CLAIM PETITION IN M.C.P.NO.95/2018 DATED 10.12.2018 FILED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT.