Kerala High Court
Sri. S. Suresh vs The Deputy Labour Commissioner And The ... on 20 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 19494 OF 2024
PETITIONER:
SRI. S. SURESH, AGED 49 YEARS,
S/O SREERAMAN NAIR MANAGING PARTNER,
M/S. S. M. SILKS AND SAREES, CHANGANASERY,
KOTTAYAM DIST, RESIDING AT SREERAGAM HOUSE,
SANADANAM WARD, ALAPUZHA P.O. ALAPUZHA DIST.,
PIN - 688001.
BY ADVS.
M.M.FATHIMA JALEENA
V.J.JAMES
K.A.HAZAN
K.P.WILSON
RAMESH KUMAR K.
SHARON ANN BABU
RESPONDENTS:
1 THE DEPUTY LABOUR COMMISSIONER AND THE AUTHORITY UNDER
THE MINIMUM WAGES ACT, 1948,
ETTUMANOOR. P.O. KOTTAYAM DIST, PIN - 686631.
2 THE ASST. LABOUR OFFICER,
CHANGANASSERY., PIN - 686101.
3 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVT.
LABOUR AND SKILLS DEPARTMENT,
THIRUVANANTHAPURAM., PIN - 685901.
BY ADV.
SMT.C.S.SHEEJA, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19494 OF 2024
-2-
JUDGMENT
The petitioner concedes that Ext.P13 was
issued against him by the 1st respondent - Deputy
Labour Commissioner (DLC), under the provisions
of the Minimum Wages Act, 1948. He asserts that,
however, the said order is improper because,
even prior to it being issued on 29.01.2024, and
in fact, several years before it, he had
produced the 'Wage Lists', showing that he had
been paying his employees minimum wages, before
the 2nd respondent - Assistant Labour Officer. He
alleges that the said Officer did not produce
the same before the 'DLC'; and consequently that
Ext.P13 was issued. He explains that, as a
consequence thereof, Ext.P18 notice has been
issued to him and therefore, prays that both
Exts.P13 and P18 be quashed.
2. However, in response to the afore
WP(C) NO. 19494 OF 2024
submissions of the petitioner, as made by his
learned counsel - Sri.V.J.James, the learned
Senior Government Pleader - Smt.C.S.Sheeja,
submitted that, even going by the assertions of
the petitioner, no evidence had been placed
before the 'DLC' at the time when Ext.P13 had
been issued, except those marked by him as
Annexures A1 to A4 - which had been looked into
by the said Authority. She added that hence,
when Ext.P13 Award remains in force, the
petitioner can seek no relief against it, but
can always answer Ext.P18 in any manner that he
may deem fit. She offered that, if the
petitioner is to produce any evidence before the
said 'DLC', to show that the amounts quantified
in Ext.P13 had been paid even before the said
order had been issued, the said Officer is
willing to consider it in its proper perspective
and take an apposite decision. She prayed that
WP(C) NO. 19494 OF 2024
no further indulgence be shown to the
petitioner.
3. Sri.V.J.James - learned counsel for the
petitioner, acceded to the afore course.
4. In the afore circumstances, I allow this
Writ Petition, without entering into the merits
of Ext.P13 at this stage, but leaving liberty to
the petitioner to show cause against Ext.P18
through all relevant documents, including any
material which he says had been produced before
the 2nd respondent even earlier than the former
order; and if this is done within a period of
one month from the date of receipt of a copy of
this judgment, the same shall be looked into and
answered by the 'DLC', after affording necessary
opportunities to the petitioner of being heard;
thus culminating in appropriate proceedings
without any avoidable delay thereafter.
Needless to say, until such time as the
WP(C) NO. 19494 OF 2024
afore is done and the resultant order
communicated to the petitioner, all coercive
recovery action against him shall stand
deferred; however, clarifying that further such
action can continue thereafter, depending upon
such decision and subject to the rights of the
petitioner, following due procedure, without
having to obtain any further orders from this
Court.
It also goes without saying that, since I
have not entered into the merits of Ext.P13 as
of now, all contentions qua the same are also
left open, if it becomes necessary to be
impelled by the petitioner after the afore
exercise is completed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 19494 OF 2024
APPENDIX OF WP(C) 19494/2024
PETITIONER EXHIBITS
EXHIBIT P-1 A TRUE COPY OF THE REGISTRATION
CERTIFICATENO.SHO50690011465 DATED 01-
08-2012 OBTAINED FROM THE 2ND RESPONDENT
EXHIBIT P-2 A TRUE COPY OF THE INSPECTION NOTE NO.
217587 DATED29-05-2014 ALONG WITH THE
STATEMENT OF THE EMPLOYEES.
EXHIBIT P-3 A TRUE COPY OF THE NOTICE NO. 467/14
DATED 18-06-2014 ALONG WITH THE
STATEMENT OF THE EMPLOYEES.
EXHIBIT P-4 A TRUE COPY OF THE INSPECTION ORDER CUM
SHOW CAUSE NOTICE NO. 467/14 DATED 07-
07-2014.
EXHIBIT P-5 A TRUE COPY OF THE CLAIM PETITION DATED
27-08-2014 FILED BEFORE THE 1ST
RESPONDENT.
EXHIBIT P-6 A TRUE COPY OF THE LIST OF DOCUMENTS
DATED 21-03-2022 FILED BEFORE THE 1ST
RESPONDENT .
EXHIBIT P-7 A TRUE COPY OF THE SWORN STATEMENT OF
WITNESS ATHIRA, RECORDED ON 05-12-2022.
EXHIBIT P-8 THE STATEMENTS OF THE 15 EMPLOYEES
PRESENT IN THE COURT ON 05-12-2022
RECORDED BY THE 2ND RESPONDENT, THE
ASST. LABOUR OFFICER.
EXHIBIT P-9 TRUE COPY OF THE STATEMENT DATED18-03-
2023 OF THE 33 EMPLOYEES RECORDED BY THE
ASST. LABOUR OFFICER, 2ND RESPONDENT.
EXHIBIT P-10 A TRUE COPY OF THE REPORT DATED 19-06-
2023 FILED BEFORE THE 1ST RESPONDENT BY
WP(C) NO. 19494 OF 2024
THE 2ND RESPONDENT.
EXHIBIT P-11 A TRUE COPY OF THE LETTER DATED 27-10-
2023 FILED BEFORE THE 1STRESPONDENT BY
THE PETITIONER.
EXHIBIT P-12 A TRUE COPY OF THE SWORN STATEMENT
RECORDED BY THE 1STRESPONDENT ON 29-01-
2024.
EXHIBIT P-13 A TRUE COPY OF THE ORDER NO MWA 24/14
DATED 29-01-2024 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P-14 A TRUE COPY OF THE WAGES SLIP DATED 30-
11-2014 OF MS. DEEPA OMANAKKUTTAN.
EXHIBIT P-15 A TRUE COPY OF THE WAGES SLIP DATED 30-
11-2014 OF SMT. MOHINI SODARAN.
EXHIBIT P-16 A TRUE COPY OF THE REVIEW PETITION DATED
16-04-2024 FILED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
EXHIBIT P-17 A TRUE COPY OF THE LETTER DATED
08.05.2024 REJECTING THE REVIEW PETITION
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P-18 A TRUE COPY OF THE NOTICE NO. MWA 24/14
DATED 08-05-2024 ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONER.
