Kerala High Court
Proprietor (Secretary) vs Deputy Labour Commissioner on 8 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:83702
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 6991 OF 2024
PETITIONERS:
1 PROPRIETOR (SECRETARY),
PERSONA TEXTILES PALACE,
PERLASSERY SERVICE CO-OPERATIVE BANK,
PERALASSERY P.O.,
MUNDALLUR, PIN - 670622
2 PRESIDENT,
ERLASSERY SERVICE CO-OPERATIVE BANK,
PERLASSERY P.O., MUNDALLUR,
PIN - 670622
BY ADVS.
BINDUMOL JOSEPH
VINODKUMAR CHAMBALON
BEENA JOSEPH
RIYAS M.B.
M.V.RAHUL
RESPONDENTS:
1 DEPUTY LABOUR COMMISSIONER,
AUTHORITY UNDER MINIMUM WAGES ACT,
1948, KANNUR, PIN - 670001
2 ASSISTANT LABOUR OFFICER,
2ND CIRCLE, CHANDROTH BUILDING,
NETHAJI ROAD,
KANNUR, PIN - 670001
2024:KER:83702
WP(C) No.6991 of 2024
2
3 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO LABOUR & AMP
SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
SHRI.ASOK M.CHERIAN
SABEENA P.ISMAIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:83702
WP(C) No.6991 of 2024
3
JUDGMENT
Dated this the 8th day of November, 2024
The 1st petitioner is the Secretary of the Peralassary
Service Co-operative Bank Limited. The 2 nd petitioner is the
President to the Bank. The petitioners are aggrieved by order
of the 1st respondent in MCP No.50/2016 dated 03.10.2023.
2. The 2nd respondent-Assistant Labour Officer
filed a Claim Petition alleging that four employees working in
the Persona Textile Palace, which is a Unit of the Peralassery
Service Co-operative Bank, have not been paid prescribed
minimum wages as per G.O.(MS) No.132/2010/LBR for the
period from April, 2015 to September, 2015. The Claim
Petition was allowed as per Ext.P5 order. By Ext.P5, it has
been directed to pay arrears of minimum wages to the four
employees named therein.
2024:KER:83702
3. The petitioners are before this Court
challenging Ext.P5. The contention of the petitioners is that
Ext.P6 Minimum Wages Notification is intended to apply only
to the Garment Manufacturing Sector. The petitioners are
running a Textile Shop. Therefore, the minimum wages
notified under Ext.P6 cannot be applied to the textile run by
the petitioners. On that ground alone, Ext.P5 impugned order
is liable to be set aside.
4. Government Pleader entered appearance
and resisted the writ petition. The Government Pleader
submitted that the G.O. number mentioned as G.O.(MS)
No.132/2010/LBR dated 06.11.2010 is only a typographical
error. In fact, the G.O.(MS) No.100/2009/EMP dated
23.07.2009 will apply to the petitioners and the petitioners will
have to pay minimum wages at the rate prescribed under the
said G.O.(MS) No.100/2009/EMP.
2024:KER:83702
5. I have heard the learned counsel for the
petitioners and the learned Government Pleader representing
the respondents.
6. Going through Ext.P5 order, it is evident that
the directions to pay arrears of minimum wages have been
passed based on G.O.(MS) No.132/2010/LBR dated
06.11.2010.
7. The Government Pleader would submit that it
is only a typographical error in mentioning the number and
date of the G.O. The G.O.(MS) No.100/2009/EMP dated
23.07.2009 will apply to the petitioners.
8. If a different G.O. is to apply, then the
Minimum Wages Authority has to pass orders taking into
consideration the said G.O. As long as the G.O. referred to in
Ext.P5 will not apply to the petitioners, the consequential
direction cannot be sustained.
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9. In the circumstances of the case, Ext.P5 is
set aside. It is made clear that it will be open to respondents 1
and 2 to take up the issue as per G.O.(MS) No.100/2009/EMP
dated 23.07.2009, in accordance with law.
The writ petition is disposed of as above.
Sd/-
N.NAGARESH
JUDGE
spk
2024:KER:83702
APPENDIX OF WP(C) 6991/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE CLAIM PETITION
SUBMITTED BEFORE THE 2 ND RESPONDENT
Exhibit P2 A TRUE COPY OF THE COUNTER STATEMENT
FILED BY THE PETITIONERS
Exhibit P3 A TRUE COPY OF THE REJOINDER FILED BY
THE 2 ND RESPONDENT DATED 24.01.2019
Exhibit P4 A TRUE COPY OF THE CHIEF AFFIDAVIT
DATED 26.04.2022 FILED BY THE 2 ND
RESPONDENT
Exhibit P5 TRUE COPY OF THE ORDER IN MCP 50/2016
DATED 03.10.2023 ISSUED BY THE 1 ST
RESPONDENT
Exhibit P6 A TRUE COPY OF G.O.(MS) 132/2010/LBR
DATED 06/11/2010
