Kerala High Court
Kerala State Co-Operative Bank Ltd vs Deputy Labour Commissioner on 3 February, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:7665
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
WP(C) NO. 19255 OF 2023
PETITIONER:
KERALA STATE CO-OPERATIVE BANK LTD.,
CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
PIN - 695033.
BY ADV P.C.SASIDHARAN
RESPONDENTS:
1 DEPUTY LABOUR COMMISSIONER,
OFFICE OF THE LABOUR COMMISSIONER,
CHEMBUKAVU, THRISSUR PIN - 680020
(COMPETENT AUTHORITY UNDER MINIMUM WAGES ACT).
2 ASSISTANT LABOUR COMMISSIONER,
OFFICE OF THE LABOUR COMMISSIONER,
CHAVAKKADU THRISSUR, PIN - 680005
(INSPECTOR UNDER THE MINIMUM WAGES ACT).
BY ADVS.
SMT.SABEENA P.ISMAIL, GOVERNMENT PLEADER
SRI.ASOK M.CHERIAN, ADDL.ADVOCATE GENERAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.11.2024, ALONG WITH WP(C).20920/2023, 20928/2023 AND CONNECTED
CASES, THE COURT ON 03.02.2025 DELIVERED THE FOLLOWING:
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
:2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
WP(C) NO. 20920 OF 2023
PETITIONER:
KERALA STATE CO-OPERATIVE BANK LTD.,
CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
PIN - 695033.
BY ADV P.C.SASIDHARAN
RESPONDENTS:
1 DEPUTY LABOUR COMMISSIONER,
OFFICE OF THE DEPUTY LABOUR COMMISSIONER,
CHEMBUKAVU, THRISSUR PIN - 680020
(COMPETENT AUTHORITY UNDER MINIMUM WAGES ACT).
2 ASSISTANT LABOUR COMMISSIONER
OFFICE OF THE LABOUR COMMISSIONER,
CHAVAKKAD PIN - 680506
(INSPECTOR UNDER THE MINIMUM WAGES ACT).
BY ADVS.
SMT.SABEENA P.ISMAIL, GOVERNMENT PLEADER
SRI.ASOK M.CHERIAN, ADDL.ADVOCATE GENERAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06.11.2024, ALONG WITH WP(C).19255/2023 AND CONNECTED
CASES, THE COURT ON 03.02.2025 DELIVERED THE FOLLOWING:
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
WP(C) NO. 20928 OF 2023
PETITIONER:
KERALA STATE CO-OPERATIVE BANK LTD.,
CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
PIN - 695033.
BY ADV P.C.SASIDHARAN
RESPONDENTS:
1 DEPUTY LABOUR COMMISSIONER,
OFFICE OF THE DEPUTY LABOUR COMMISSIONER,
CHEMBUKAVU, THRISSUR PIN - 680020
(COMPETENT AUTHORITY UNDER MINIMUM WAGES ACT).
2 ASSISTANT LABOUR COMMISSIONER,
OFFICE OF THE LABOUR COMMISSIONER,
KODUNGALLUR PIN - 680669
(INSPECTOR UNDER THE MINIMUM WAGES ACT).
BY ADVS.
SMT.SABEENA P.ISMAIL, GOVERNMENT PLEADER
SRI.ASOK M.CHERIAN, ADDL.ADVOCATE GENERAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06.11.2024, ALONG WITH WP(C).19255/2023 AND CONNECTED
CASES, THE COURT ON 03.02.2025 DELIVERED THE FOLLOWING:
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
:4:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
WP(C) NO. 22399 OF 2023
PETITIONER:
KERALA STATE CO-OPERATIVE BANK LTD.,
CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
PIN - 695033.
BY ADV P.C.SASIDHARAN
RESPONDENTS:
1 DEPUTY LABOUR COMMISSIONER,
OFFICE OF THE DEPUTY LABOUR, COMMISSIONER,
CHEMBUKAVU, THRISSUR, PIN - 680020
(COMPETENT AUTHORITY UNDER MINIMUM WAGES ACT).
2 ASSISTANT LABOUR COMMISSIONER,
OFFICE OF THE LABOUR COMMISSIONER,
WADAKKANCHERY PIN - 680582
(INSPECTOR UNDER THE MINIMUM WAGES ACT).
BY ADVS.
SMT.SABEENA P.ISMAIL, GOVERNMENT PLEADER
SRI.ASOK M.CHERIAN, ADDL.ADVOCATE GENERAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06.11.2024, ALONG WITH WP(C).19255/2023 AND CONNECTED
CASES, THE COURT ON 03.02.2025 DELIVERED THE FOLLOWING:
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
:5:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
WP(C) NO. 22524 OF 2023
PETITIONER:
KERALA STATE CO-OPERATIVE BANK LTD,
CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
PIN - 695033.
BY ADV P.C.SASIDHARAN
RESPONDENTS:
1 DEPUTY LABOUR COMMISSIONER,
OFFICE OF THE DEPUTY LABOUR COMMISSIONER,
CHEMBUKAVU, THRISSUR - 680 020
(COMPETENT AUTHORITY UNDER MINIMUM WAGES ACT).
2 ASSISTANT LABOUR COMMISSIONER,
OFFICE OF THE LABOUR COMMISSIONER,
KUNNAMKULAM
(INSPECTOR UNDER THE MINIMUM WAGES ACT).
ADDL.R3 SECRETARY TO GOVERNMENT
LABOUR AND SKILLS DEPARTMENT,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM
PIN - 695001.
[ADDITIONAL 3RD RESPONDENT IS IMPLEADED AS PER
ORDER DATED 03.02.2025 IN I.A.NO.2 OF 2024]
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:6:
BY ADVS.
SMT.SABEENA P.ISMAIL, GOVERNMENT PLEADER
SRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06.11.2024, ALONG WITH WP(C).19255/2023 AND CONNECTED
CASES, THE COURT ON 03.02.2025 DELIVERED THE FOLLOWING:
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
:7:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
WP(C) NO. 41249 OF 2023
PETITIONER:
KERALA STATE CO-OPERATIVE BANK LTD.,
CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
PIN - 695033.
BY ADV P.C.SASIDHARAN
RESPONDENTS:
1 DEPUTY LABOUR COMMISSIONER,
OFFICE OF THE DEPUTY LABOUR COMMISSIONER,
CHEMBUKAVU, THRISSUR, PIN - 680020
(COMPETENT AUTHORITY UNDER MINIMUM WAGES ACT).
2 ASSISTANT LABOUR COMMISSIONER,
OFFICE OF THE LABOUR COMMISSIONER,
IRINJALAKUDA PIN - 680020
(INSPECTOR UNDER THE MINIMUM WAGES ACT).
BY ADVS.
SMT.SABEENA P. ISMAIL, GOVERNMENT PLEADER
SRI.ASOK M.CHERIAN, ADDL.ADVOCATE GENERAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.11.2024, ALONG WITH WP(C).19255/2023 AND
CONNECTED CASES, THE COURT ON 03.02.2025 DELIVERED THE
FOLLOWING:
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
:8:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
WP(C) NO. 41330 OF 2023
PETITIONER:
KERALA STATE CO-OPERATIVE BANK LTD.,
CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
PIN - 695033.
BY ADV P.C.SASIDHARAN
RESPONDENTS:
1 DEPUTY LABOUR COMMISSIONER,
OFFICE OF THE DEPUTY LABOUR COMMISSIONER,
CHEMBUKAVU, THRISSUR PIN - 680020
(COMPETENT AUTHORITY UNDER MINIMUM AGES ACT).
2 ASSISTANT LABOUR OFFICER,
OFFICE OF THE LABOUR COMMISSIONER,
CHEMBUKAVU, THRISSUR, PIN - 680020
(INSPECTOR UNDER THE MINIMUM WAGES ACT).
BY ADVS.
SMT.SABEENA P.ISMAIL, GOVERNMENT PLEADER
SRI.ASOK M.CHERIAN, ADDL.ADVOCATE GENERAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.11.2024, ALONG WITH WP(C).19255/2023 AND
CONNECTED CASES, THE COURT ON 03.02.2025 DELIVERED THE
FOLLOWING:
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
:9:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
WP(C) NO. 44355 OF 2023
PETITIONER:
KERALA STATE CO-OPERATIVE BANK LTD,
CO-BANK TOWERS, PALAYAM,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
PIN - 695033.
BY ADV P.C.SASIDHARAN
RESPONDENTS:
1 DEPUTY LABOUR COMMISSIONER,
OFFICE OF THE DEPUTY LABOUR COMMISSIONER,
CHEMBUKAVU, THRISSUR - PIN - 680020
(COMPETENT AUTHORITY UNDER MINIMUM WAGES ACT).
2 ASSISTANT LABOUR OFFICER,
OFFICE OF THE LABOUR COMMISSIONER,
WADAKKANCHERY, PIN - 680020
(INSPECTOR UNDER THE MINIMUM WAGES ACT).
3 DEPUTY TAHSILDAR,
THALAPPILLY TALUK, THRISSUR DISTRICT,
PIN - 680602.
2025:KER:7665
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: 10 :
BY ADVS.
SMT.SABEENA P.ISMAIL, GOVERNMENT PLEADER
SRI.ASOK M.CHERIAN, ADDL.ADVOCATE GENERAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.11.2024, ALONG WITH WP(C).19255/2023 AND
CONNECTED CASES, THE COURT ON 03.02.2025 DELIVERED THE
FOLLOWING:
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
: 11 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
WP(C) NO. 7063 OF 2024
PETITIONER:
KERALA STATE CO-OPERATIVE BANK LTD.,
CO-BANK TOWERS,
PALAYAM,
THIRUVANANTHAPURAM
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
PIN - 695033.
BY ADV P.C.SASIDHARAN
RESPONDENTS:
1 DEPUTY LABOUR COMMISSIONER,
OFFICE OF THE DEPUTY LABOUR COMMISSIONER,
CHEMBUKAVU,
THRISSUR PIN - 680020
(COMPETENT AUTHORITY UNDER MINIMUM WAGES ACT).
2 ASSISTANT LABOUR COMMISSIONER,
OFFICE OF THE LABOUR COMMISSIONER,
CHALAKUDY PIN - 680307
(INSPECTOR UNDER THE MINIMUM WAGES ACT).
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: 12 :
BY ADVS.
SMT.SABEENA P.ISMAIL, GOVERNMENT PLEADER
SRI.ASOK M.CHERIAN, ADDL.ADVOCATE GENERAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06.11.2024, ALONG WITH WP(C).19255/2023 AND CONNECTED
CASES, THE COURT ON 03.02.2025 DELIVERED THE FOLLOWING:
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
: 13 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
WP(C) NO. 8595 OF 2024
PETITIONER:
KERALA STATE CO-OPERATIVE BANK LTD
CO-BANK TOWERS, PALAYAM,THIRUVANANTHAPURAM
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
PIN - 695033.
BY ADV P.C.SASIDHARAN
RESPONDENTS:
1 DEPUTY LABOUR COMMISSIONER
OFFICE OF THE DEPUTY LABOUR COMMISSIONER,
CHEMBUKAVU, THRISSUR - PIN - 680020
(COMPETENT AUTHORITY UNDER MINIMUM WAGES ACT).
2 ASSISTANT LABOUR COMMISSIONER
OFFICE OF THE LABOUR COMMISSIONER,
CHEMBUKAVU PIN - 680020
(INSPECTOR UNDER THE MINIMUM WAGES ACT).
BY ADVS.
SMT.SABEENA P.ISMAIL, GOVERNMENT PLEADER
SHRI.ASOK M.CHERIAN, ADDL.ADVOCATE GENERAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.11.2024, ALONG WITH WP(C).19255/2023 AND
CONNECTED CASES, THE COURT ON 03.02.2025 DELIVERED THE
FOLLOWING:
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: 14 :
CR
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.19255, 20920, 20928, 22399,
22524, 41249, 41330 and 44355 of 2023
and 7063 & 8595 of 2024
`````````````````````````````````````````````````````````````
Dated this the 3rd day of February, 2025
JUDGMENT
~~~~~~~~~
The Kerala State Co-operative Bank Limited is the
petitioner in all these writ petitions. Orders passed by the
Minimum Wages Authority and show-cause notices issued
pursuant thereto, are challenged in these writ petitions.
2. The petitioner states that the petitioner is a
scheduled Co-operative Bank licensed by the Reserve Bank of
India. The Bank is governed by the Banking Regulation Act
and the Rules made thereunder. Service conditions of its
employees are governed by the Kerala Co-operative Societies
Act and the Rules framed thereunder.
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3. Rule 189 of the Kerala Co-operative Societies Rules
provides that Government shall have power to fix or alter the
maximum and minimum limit of establishment expenses. The
term establishment expenses include expenses towards wages
payable to its employees. The Government has periodically
issued orders fixing the pay and allowances of its employees.
4. The officers under the Labour Department
conducted inspections and they found that minimum wages are
not paid to certain Watchmen. Notices were issued to the
Bank requiring to show-cause why Claim Petition shall not be
filed and why prosecution shall not be initiated for non-payment
of minimum wages. The Managers of the Bank filed reply.
5. The objections of the Bank were overruled by the
Inspector under the Minimum Wages Act. Claim Petitions were
filed alleging that minimum wages were not paid to the Security
Guards / Watchmen. The Bank filed detailed objections.
However, the Deputy Labour Commissioner repelled the
contentions of the Bank and directed the Bank to remit certain
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W.P.(C) No.19255/2023 & connected cases
amounts towards arrears of minimum wages. Show-cause
notices were issued requiring to answer why amount should
not be recovered from the Bank.
6. The petitioner states that employment in Banks is
included in Schedule Part I and no Notification fixing minimum
wages has been issued by the Government, in respect of
employees of Banks. In the absence of prescription of
minimum wages, the finding arrived at by the 2 nd respondent-
Inspector that there is difference between the minimum wages
fixed and the amount paid is not sustainable.
7. The Government has issued GO(P)
No.196/2016/LBR dated 21.12.2016 fixing the minimum wages
payable to employees in the Shops and Commercial
establishments industry. The petitioner states that the Bank is
neither a shop nor a commercial establishment covered under
the Kerala Shops and Commercial Establishments Act, 1960.
The Kerala State Co-operative Bank and the District Co-
operative Banks are scheduled commercial Banks and they are
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W.P.(C) No.19255/2023 & connected cases
exempted from the provisions of the Act, 1960, by SRO
No.501/82 dated 31.03.1982. Therefore, the GO dated
21.12.2016 is not applicable to the petitioner-Bank. The
Government has issued GO(P) No.38/2017/Labour dated
09.05.2017 prescribing minimum wages for security services.
The Bank is not providing employment in security services and
the security service agencies are different establishments.
Therefore, GO(P) dated 09.05.2017 would also not apply to the
petitioner-Bank.
8. The petitioner further pointed out that any dispute
between an employer and employee of a Co-operative Society
can be adjudicated only before an Arbitration Court under
Section 69 of the Kerala Co-operative Societies Act. The
present proceedings are therefore highly illegal and arbitrary.
9. The 1st respondent filed counter affidavit. The 1 st
respondent stated that the petitioner being a Scheduled Co-
operative Bank, it would come under the purview of the Kerala
Shops and Commercial Establishments Act, 1960. The
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petitioner-establishment is registered in the rolls of the
Assistant Labour Officer, Chavakkad. The ALO filed claim
application based on the statements given by security
employees at the time of inspection. The inspection revealed
that the employees were not paid the prescribed minimum
wages.
10. The definition of commercial establishment under
Section 2(4) of the Shops Act includes banking establishments.
This Court, in the judgment in Anandan S. v. Assistant
Labour Officer and another [2012 (3) KLT 347], has held that
a banking establishment would come within the definition of the
term 'establishment'. The pay and allowances payable to
employees of Co-operative institutions shall not be less than
the minimum wages fixed by the Government under the
Minimum Wages Act.
11. The Hon'ble Apex Court has held in K.A. Annamma
v. Secretary, Cochin Co-operative Hospital Society
Limited [(2018) 2 SCC 729] that the Kerala Co-operative
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W.P.(C) No.19255/2023 & connected cases
Societies Act and the Industrial Disputes Act, both possess
concurrent jurisdiction to decide any service dispute between
employee and employer in respect of a Co-operative institution.
The minimum wages fixed under GO(P) dated 21.12.2016 is
applicable to the petitioner. Payment of minimum wages is a
statutory liability. The writ petitions are without any merit and
are liable to be dismissed, urged the 1st respondent.
12. I have heard the learned counsel for the petitioner
and the learned Government Pleader representing the
respondents.
13. The petitioner contends that any dispute between an
employer and employee of a Co-operative establishment has
to be resolved through the provisions of the Kerala Co-
operative Societies Act, 1969. The Hon'ble Apex Court has
held in K.A. Annamma (supra) that the Kerala Co-operative
Societies Act and the Industrial Disputes Act, both possess and
enjoy concurrent jurisdiction to decide any service dispute
arising between a Co-operative Society's employee and his
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employer.
14. In fact, a dispute relating to payment of minimum
wages is a dispute falling within the purview of the Minimum
Wages Act and the authorities constituted under the Minimum
Wages Act are empowered to decide the dispute. The
Minimum Wages Act is a special Central enactment and hence
it would override the State laws where both have the power to
legislate.
15. The petitioner does not have a case that the
appropriate Government has exempted the petitioner from the
provisions of the Minimum Wages Act. Being a scheduled
employment, the provisions of the Minimum Wages Act would
apply to the petitioner-establishment.
16. However, the question arising in these cases is
whether Exts.P7 and P8 Minimum Wages Notifications can be
made applicable to the petitioner-Bank and differential
minimum wages can be recovered from the petitioner-Bank
based on those Notifications. A reading of Ext.P8 Notification
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would reveal that the said Notification is intended to apply only
to employees of the Security Services alone. The petitioner
being a Bank, and not involved in any Security Services,
Ext.P8 Notification cannot be applied to the Bank.
17. The Government Pleader would point out that
Ext.P4 order has been passed based on Ext.P7 Minimum
Wages Notification applicable to employees employed in shops
and commercial establishments in the State of Kerala. The
petitioner would contend that the petitioner being a Bank, it
would not come under the purview of the term 'shops'.
Therefore, Ext.P7 cannot be applied to the petitioner.
18. The question therefore is whether the petitioner-
Bank would fall under the definition of shop or commercial
establishment. The petitioner would urge that a Co-operative
Bank is neither a shop nor a commercial establishment.
19. Section 2(4) of the Kerala Shops and Commercial
Establishments Act, 1960 defines the term 'commercial
establishment' as follows:
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W.P.(C) No.19255/2023 & connected cases
"commercial establishment" means a commercial or
industrial or trading or banking or insurance
establishment, an establishment or administrative
service in which the persons employed are mainly
engaged in office work, hotel, restaurant, boarding or
eating house, café or any other refreshment house, a
theatre or any other place of public amusement or
entertainment and includes such other establishment
as the Government may, by notification in the
Gazette, declare to be a commercial establishment
for the purposes of this Act, but does not include a
factory to which all or any of the provisions of the
Factories Act, 1948 (Central Act 63 of 1948) apply."
20. This Court in the judgment in Anandan S. (supra)
has held that as per Section 2(4), a banking establishment
would also come within the definition of the term
'establishment'. Still, a question would arise whether Ext.P17
Minimum Wages Notification applicable to shops and
commercial establishments can be applied to the petitioner-
Bank.
21. Sections 3, 5 and 12 of the Minimum Wages Act are
important in this context. Section 3 of the Act deals with fixing
of minimum rates of wages and power is given to the State
Government concerned to fix the minimum wages payable.
Section 3 of the Act says that the State Government may fix
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the minimum rates of wages payable to employees employed
in an employment specified in Part I or Part II of the Schedule
and in an employment added to either Part by notification
under Section 27.
22. The procedure for fixing and revising the minimum
wages is also provided under Section 5 of the Act, which says;
5. Procedure for fixing and revising minimum
wages-
(1) In fixing minimum rates of wages in
respect of any scheduled employment for the first
time under this Act. or in revising minimum rates of
wages so fixed, the appropriate Government shall
either-
(a) appoint as many committees and
subcommittees as it: considers necessary to hold
enquiries and advise it in respect of such fixation or
revision, as the case may be, or
(b) by notification in the Official
Gazette, publish its proposals for the information of
persons likely to be affected thereby and specify a
date, not less than two months from the date of the
notification, on which the proposals will be taken into
consideration.
(2) After considering the advice of the
committee or committees appointed under clause (a)
of sub-section (1), or as the case may be, all
representations received by it before the date
'Specified in the notification under clause (b) of that
sub-section, the appropriate Government shall, by
notification in the Official Gazette, fix, or, as the case
may be, revise the minimum rates of wages in
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respect of each schedule employment, and unless
such notification otherwise provides, it shall come
into force on the expiry of three months from the date
of its issue:
Provided that where the appropriate
Government proposes to revise the minimum rates of
wages by the mode specified in clause (b) of sub-
section(1), the appropriate Government shall consult
the Advisory Board also.
23. Section 12 of the Act says that;
12. Payment of minimum rates of wages-
(1) Where in respect of any scheduled
employment: a notification under section 5 [20] [***]
is in force, the employer shall pay to every employee
engaged in a scheduled employment under him
wages at a rate not less than the minimum rate of
wages fixed by such notification for that class of
employees in that employment without any
deductions except as may be authorized within such
time and subject to such conditions as may be
prescribed.
(2) Nothing contained in this section shall affect
the provisions of the Payment: of Wages Act 1936 (4
of 1936).
24. As per Section 2(g), "scheduled employment"
means an employment specified in the Schedule, or any
process or branch of work forming part of such employment.
Under Section 27 of the Minimum Wages Act, the appropriate
Government has power to add to either part of the Schedule
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any employment in respect of which it is of the opinion that
minimum rates of wages should be fixed.
25. In Part I of the Schedule of the list of employments
as is applicable to the State (produced by the petitioner as
Ext.P6), Employment in Shops and Establishments (including
hotels and restaurants) is listed at Serial No.21, whereas
employment in Banks is listed at Serial No.24. Employment in
Security Services is at Serial No.46. Employment in shops
and Establishments was added to the Schedule as per
Notification dated 19.10.1957 and Employment in Banks was
added subsequently as per Notification dated 29.12.1958.
26. Adding of employments in the Schedule being a
statutory process, when Employment in Banks is added as a
different head, it has to be necessarily concluded that the State
intended to cull out Employment in Banks and to treat it
distinctly from Employment in Shops and Establishments, in
order to fix different rate of minimum wages to Employment in
Banks. Therefore, any minimum wage notification intended to
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
apply to Employment in Shops and Establishments cannot be
applied to Employment in Banks.
27. The show-cause notices, the orders passed under
Section 20 of the Minimum Wages Act, 1948 and recovery
notices impugned in these writ petitions are therefore set
aside.
The writ petitions will stand allowed to the above
extent.
Sd/-
N. NAGARESH, JUDGE
aks/30.01.2025
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
APPENDIX OF WP(C) 19255/2023
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE 2ND RESPONDENT ALONG WITH
THE OFFENCES ALLEGED TO HAVE BEEN
COMMITTED, NO. 316/2019(2) DATED
23/09/2019.
Exhibit P2 THE TRUE COPY OF THE REPLY FILED BY THE
BRANCH MANAGER, VADAKEKKAD BRANCH OF
THRISSUR DISTRICT CO-OPERATIVE BANK
DATED 19/10/2019.
Exhibit P3 THE TRUE COPY OF THE NOTICE DATED
30.11.2019 ALONG WITH THE CLAIM
PETITION FILED BEFORE THE DEPUTY LABOUR
COMMISSIONER, THRISSUR DATED
30.11.2019.
Exhibit P4 THE TRUE COPY OF THE ORDER ISSUED BY
THE DEPUTY LABOUR COMMISSIONER,
THRISSUR IN MWA 11/2020 DATED
19/01/2023.
Exhibit P5 THE TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE 1ST RESPONDENT DATED
25/04/2023.
Exhibit P6 THE NOTIFICATION FIXING THE MINIMUM
WAGES TO VARIOUS ORGANISATIONS
INCLUDING SCHEDULE DOWNLOADED FROM THE
OFFICIAL WEBSITE OF THE LABOUR
DEPARTMENT.
Exhibit P7 THE TRUE COPY OF THE G.O.(P) NO.
196/2016/LBR DATED 21/12/2016.
Exhibit P8 THE TRUE COPY OF THE NOTIFICATION (G.O.
(P) NO. 38/2017/LABOUR DATED
09.05.2017.
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
APPENDIX OF WP(C) 20920/2023
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE 2ND RESPONDENT ALONG WITH
THE OFFENCES ALLEGED TO HAVE BEEN
(1)DATED23/09/2019.
Exhibit P2 THE TRUE COPY OF THE REPLY FILED BY THE
BRANCH MANAGER, CHAVAKKAD BRANCH OF
THRISSUR DISTRICT CO-OPERATIVE BANK
DATED 19/10/2019.
Exhibit P3 THE TRUE COPY OF THE NOTICE ALONG WITH
THE CLAIM PETITION DATED 30/11/2019.
Exhibit P4 THE TRUE COPY OF THE ORDER ISSUED BY
THE DEPUTY LABOUR COMMISSIONER,
THRISSUR IN MWA 10/2020 DATED
19/01/2023.
Exhibit P5 THE TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE 1ST RESPONDENT TO THE
CHAVAKKAD BRANCH OF KERALA STATE CO-
OPERATIVE BANK DATED 17/05/2023.
Exhibit P6 THE NOTIFICATION FIXING THE MINIMUM
WAGES TO VARIOUS ORGANISATIONS
INCLUDING SCHEDULE DOWNLOADED FROM THE
OFFICIAL WEBSITE OF THE LABOUR
DEPARTMENT.
Exhibit P7 THE TRUE COPY OF THE G.O.(P) NO.
196/2016/LWR DATED 21/12/2016.
Exhibit P8 THE TRUE COPY OF THE NOTIFICATION GO(P)
NO. 38/2017/LABOUR DATED 09.05.2017.
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W.P.(C) No.19255/2023 & connected cases
APPENDIX OF WP(C) 20928/2023
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE 2ND RESPONDENT ALONG WITH
THE OFFENCES ALLEGED TO HAVE BEEN
COMMITTED, NO. 322/19 DATED 23/09/2019.
Exhibit P2 THE TRUE COPY OF THE REPLY FILED BY THE
BRANCH MANAGER, KODUNGALLUR BRANCH OF
THRISSUR DISTRICT CO-OPERATIVE BANK
DATED 19/10/2019.
Exhibit P3 THE TRUE COPY OF THE NOTICE ALONG WITH
THE CLAIM PETITION DATED 26/12/2019.
Exhibit P4 THE TRUE COPY OF THE ORDER ISSUED BY
THE DEPUTY LABOUR COMMISSIONER,
THRISSUR IN MWA 115/2019 DATED
28/03/2023.
Exhibit P5 THE TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE 1ST RESPONDENT TO THE
KODUNGALLUR BRANCH OF KERALA STATE CO-
OPERATIVE BANK DATED 25/05/2023.
Exhibit P6 THE NOTIFICATION FIXING THE MINIMUM
WAGES TO VARIOUS ORGANISATIONS
INCLUDING SCHEDULE DOWNLOADED FROM THE
OFFICIAL WEBSITE OF THE LABOUR
DEPARTMENT.
Exhibit P7 THE TRUE COPY OF THE G.O.(P) NO.
196/2016/LWR DATED 21/12/2016.
Exhibit P8 THE TRUE COPY OF THE NOTIFICATION NO.
GO(RT) NO.38/2017/LABOUR.
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W.P.(C) No.19255/2023 & connected cases
APPENDIX OF WP(C) 22399/2023
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SHOW CAUSE NOTICE
AND REVISED NOTICE ISSUED BY THE 2ND
RESPONDENT ALONG WITH THE OFFENCES
ALLEGED TO HAVE BEEN COMMITTED, NO.
348/19 DATED 23/09/2019.
Exhibit P2 THE TRUE COPY OF THE REPLY FILED BY THE
BRANCH MANAGER, MEDICAL COLLEGE
BRANCH,PERINGANDOOR OF THRISSUR
DISTRICT CO-OPERATIVE BANK DATED
19/10/2019.
Exhibit P3 THE TRUE COPY OF THE NOTICE ALONG WITH
THE CLAIM PETITION DATED 05/03/2020.
Exhibit P4 THE TRUE COPY OF THE ORDER ISSUED BY
THE DEPUTY LABOUR COMMISSIONER,
THRISSUR IN MWA 46/2020 DATED
07/02/2023.
Exhibit P5 THE TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE 1ST RESPONDENT TO THE
MEDICAL COLLEGE BRANCH,PERINGANDOOR OF
KERALA STATE CO-OPERATIVE BANK DATED
18/05/2023.
Exhibit P6 A TRUE COPY OF THE INTERIM ORDER ISSUED
IN WPC 19255 OF 2023 DATED 19/06/2023.
Exhibit P7 TRUE COPY OF THE NOTIFICATION FIXING
THE MINIMUM WAGES TO VARIOUS
ORGANISATIONS INCLUDING SCHEDULE
DOWNLOADED FROM THE OFFICIAL WEBSITE OF
THE LABOUR DEPARTMENT.
Exhibit P8 THE TRUE COPY OF THE G.O.(P) NO.
196/2016/LWR DATED 21/12/2016.
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
Exhibit P9 THE TRUE COPY OF THE NOTIFICATION DATED
09/05/2017.
Exhibit P10 TRUE COPY OF THE CIRCULAR
NO.HR/024/2022-23 DATED 25.05.2022
ISSUED BY THE KERALA STATE CO-OPERATIVE
BANK.
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
APPENDIX OF WP(C) 22524/2023
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE 2ND RESPONDENT ALONG WITH
THE OFFENCES ALLEGED TO HAVE BEEN
COMMITTED, NO. 351/19 DATED 14/12/2019.
Exhibit P2 THE TRUE COPY OF THE REPLY FILED BY THE
BRANCH MANAGER, KUNNAMKULAM BRANCH OF
THRISSUR DISTRICT CO-OPERATIVE BANK
DATED 06/03/2020.
Exhibit P3 THE TRUE COPY OF THE NOTICE ALONG WITH
THE CLAIM PETITION DATED 23/03/2020.
Exhibit P4 THE TRUE COPY OF THE ORDER ISSUED BY
THE DEPUTY LABOUR COMMISSIONER,
THRISSUR IN MWA 63/2020 DATED
03/01/2023.
Exhibit P5 THE TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE 1ST RESPONDENT TO THE
KUNNAMKULAM BRANCH OF KERALA STATE CO-
OPERATIVE BANK DATED 25/05/2023.
Exhibit P6 A TRUE COPY OF THE INTERIM ORDER ISSUED
IN WPC 19255 OF 2023 DATED 19/06/2023.
Exhibit P7 TRUE COPY OF THE NOTIFICATION FIXING
THE MINIMUM WAGES TO VARIOUS
ORGANISATIONS INCLUDING SCHEDULE
DOWNLOADED FROM THE OFFICIAL WEBSITE OF
THE LABOUR DEPARTMENT.
Exhibit P8 THE TRUE COPY OF THE G.O.(P) NO.
196/2016/LBR DATED 21/12/2016.
Exhibit P9 THE TRUE COPY OF THE NOTIFICATION
NO.GO(P) NO.38/2017/LABOUR DATED
09/05/2017.
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
Exhibit P10 A TRUE COPY OF THE CIRCULAR
NO.HR/024/2022-23 DATED 25.05.2022
ISSUED BY THE KERALA STATE CO-OPERATIVE
BANK.
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W.P.(C) No.19255/2023 & connected cases
APPENDIX OF WP(C) 41249/2023
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE 2ND RESPONDENT ALONG WITH
THE OFFENCES ALLEGED TO HAVE BEEN
COMMITTED, NO. 295/2019 DATED
05/01/2019.
Exhibit P2 THE TRUE COPY OF THE REPLY FILED BY THE
BRANCH MANAGER, KATTOOR BRANCH OF
THRISSUR DISTRICT CO-OPERATIVE BANK
DATED 19/10/2019.
Exhibit P3 THE TRUE COPY OF THE CLAIM PETITION
FILED BY THE 2ND RESPONDENT DATED
30/11/2019.
Exhibit P4 THE TRUE COPY OF THE ORDER ISSUED BY
THE DEPUTY LABOUR COMMISSIONER,
THRISSUR IN MWA 100/2019 DATED
04/05/2023.
Exhibit P5 THE TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE 1ST RESPONDENT TO THE
KATTOOR BRANCH OF KERALA STATE CO-
OPERATIVE BANK DATED 25/04/2023.
Exhibit P6 THE TRUE COPY OF THE NOTIFICATION
FIXING THE MINIMUM WAGES TO VARIOUS
ORGANISATIONS INCLUDING SCHEDULE
DOWNLOADED FROM THE OFFICIAL WEBSITE OF
THE LABOUR DEPARTMENT.
Exhibit P7 THE TRUE COPY OF THE G.O.(P) NO.
196/2016/LWR DATED 21/12/2016.
Exhibit P8 THE TRUE COPY OF THE NOTIFICATION DATED
09/05/2017.
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
Exhibit P9 THE TRUE COPY OF THE ORDER DATED
19/06/2023 IN W.P.(C) NO.19255 OF 2023.
Exhibit P10 THE TRUE COPY OF THE ORDER DATED
11/07/2023 IN W.P.(C) NO.20920 OF 2023.
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W.P.(C) No.19255/2023 & connected cases
APPENDIX OF WP(C) 41330/2023
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE NOTICE ISSUED BY
THE 2ND RESPONDENT ALONG WITH THE
OFFENCES ALLEGED TO HAVE BEEN COMMITTED
NO. 345/19 DATED 09/02/2020.
Exhibit P2 THE TRUE COPY OF THE REPLY FILED BY THE
BRANCH MANAGER, WEST FORT BRANCH OF
THRISSUR DISTRICT CO-OPERATIVE BANK
DATED 06/03/2020.
Exhibit P3 THE TRUE COPY OF THE CLAIM PETITION.
Exhibit P4 THE TRUE COPY OF THE ORDER ISSUED BY
THE DEPUTY LABOUR COMMISSIONER,
THRISSUR IN MWA 54/2020 DATED
07/11/2022.
Exhibit P5 THE TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE 1ST RESPONDENT TO THE
WEST FORT BRANCH OF KERALA STATE CO-
OPERATIVE BANK DATED 26/05/2023.
Exhibit P6 THE TRUE COPY OF THE NOTIFICATION
FIXING THE MINIMUM WAGES TO VARIOUS
ORGANISATIONS INCLUDING SCHEDULE
DOWNLOADED FROM THE OFFICIAL WEBSITE OF
THE LABOUR DEPARTMENT.
Exhibit P7 THE TRUE COPY OF THE G.O.(P) NO.
196/2016/LWR DATED 21/12/2016.
Exhibit P8 THE TRUE COPY OF THE NOTIFICATION DATED
09/05/2017.
Exhibit P9 THE TRUE COPY OF THE ORDER DATED
19/06/2023 IN W.P.(C) NO.19255 OF 2023.
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Exhibit P10 THE TRUE COPY OF THE ORDER DATED
11/07/2023 IN W.P.(C) NO.20920 OF 2023.
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W.P.(C) No.19255/2023 & connected cases
APPENDIX OF WP(C) 44355/2023
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE NOTICE ISSUED BY
THE 2ND RESPONDENT ALONG WITH THE
OFFENCES ALLEGED TO HAVE BEEN COMMITTED
NO. 349/19 DATED 23/09/2019.
Exhibit P2 THE TRUE COPY OF THE NOTICE NO. 349/19
DATED 10/02/2020 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P3 TRUE COPY OF THE REPLY FILED BY THE
BRANCH MANAGER, WADAKKANCHERY BRANCH OF
THRISSUR DISTRICT CO-OPERATIVE BANK
DATED 06/03/2020.
Exhibit P4 THE TRUE COPY OF THE CLAIM PETITION
DATED 5/3/2020.
Exhibit P5 THE TRUE COPY OF THE ORDER ISSUED BY
THE DEPUTY LABOUR COMMISSIONER,
THRISSUR IN MWA 47/2020 DATED
14/02/2023.
Exhibit P6 THE TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE 1ST RESPONDENT TO THE
WADAKKANCHERY OF KERALA STATE CO-
OPERATIVE BANK DATED 11/08/2023.
Exhibit P7 A TRUE COPY OF THE DEMAND NOTICE DATED
27/11/2023 ISSUED BY THE DEPUTY
THAHSILDAR, THALAPPILLY TALUK.
Exhibit P8 A TRUE COPY OF THE NOTIFICATION FIXING
THE MINIMUM WAGES TO VARIOUS
ORGANIZATIONS INCLUDING SCHEDULE
DOWNLOADED FROM THE OFFICIAL WEBSITE OF
THE LABOUR DEPARTMENT.
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
Exhibit P9 THE TRUE COPY OF THE G.O.(P) NO.
196/2016/LBR DATED 21/12/2016.
Exhibit P10 THE TRUE COPY OF THE NOTIFICATION DATED
09/05/2017.
Exhibit P11 A TRUE COPY OF THE ORDER DATED
19/06/2023 IN W.P.(C) NO.19255 OF 2023.
Exhibit P12 A TRUE COPY OF THE ORDER DATED
11/07/2023 IN W.P.(C) NO.20920 OF 2023.
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W.P.(C) No.19255/2023 & connected cases
APPENDIX OF WP(C) 7063/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE 2 ND RESPONDENT ALONG
WITH THE OFFENCES ALLEGED TO HAVE BEEN
COMMITTED, NO. 540/19 DATED 12/02/2020.
Exhibit P2 THE TRUE COPY OF THE REPLY FILED BY THE
BRANCH MANAGER, CHALAKUDY BRANCH OF
THRISSUR DISTRICT CO-OPERATIVE BANK
DATED 25/10/2019.
Exhibit P3 THE TRUE COPY OF THE CLAIM PETITION
ALONG WITH PETITION FOR CONDONATION OF
DELAY DATED 18/02/2020.
Exhibit P4 THE TRUE COPY OF THE ORDER ISSUED BY
THE DEPUTY LABOUR COMMISSIONER,
THRISSUR IN MWA 25/2020 DATED
21/11/2022.
Exhibit P5 A TRUE COPY OF THE REVENUE RECOVERY
NOTICE DATED 16/12/2023.
Exhibit P6 TRUE COPY OF THE INTERIM ORDER ISSUED
IN WPC 19255 OF 2023 DATED 19/06/2023.
Exhibit P7 THE TRUE COPY FIXING THE MINIMUM WAGES
TO VARIOUS ORGANISATIONS INCLUDING
SCHEDULE DOWNLOADED FROM THE OFFICIAL
WEBSITE OF THE LABOUR DEPARTMENT.
Exhibit P8 THE TRUE COPY OF THE G.O.(P) NO.
196/2016/LWR DATED 21/12/2016.
Exhibit P9 THE TRUE COPY OF THE NOTIFICATION DATED
09/05/2017.
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
Exhibit P10 A TRUE COPY OF THE CIRCULAR
NO.HR/024/2022-23 DATED 25.05.2022
ISSUED BY THE KERALA STATE CO-OPERATIVE
BANK.
2025:KER:7665
W.P.(C) No.19255/2023 & connected cases
APPENDIX OF WP(C) 8595/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE REPLY FILED BY THE
BRANCH MANAGER, CHERPU BRANCH OF
THRISSUR DISTRICT CO-OPERATIVE BANK
DATED 25/10/2019.
Exhibit P2 A TRUE COPY OF THE SHOW CAUSE NOTICE
NO.329/19 DATED 06/12/2019.
Exhibit P3 THE TRUE COPY OF THE SHOW CAUSE NOTICE
NO.329/19 DATED 06/01/2020 ISSUED BY
THE 2 ND RESPONDENT.
Exhibit P4 THE TRUE COPY OF THE CLAIM PETITION
ALONG WITH THE DELAY PETITION DATED
20/02/2020.
Exhibit P5 THE TRUE COPY OF THE ORDER ISSUED BY
THE DEPUTY LABOUR COMMISSIONER,
THRISSUR IN MWA 22/2020 DATED
07/11/2022.
Exhibit P6 THE TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE 1ST RESPONDENT TO THE
CHERPU BRANCH OF KERALA STATE CO-
OPERATIVE BANK DATED 16/05/2023.
Exhibit P7 A TRUE COPY OF THE INTERIM ORDER ISSUED
IN WPC 19255 OF 2023 DATED 19/06/2023.
Exhibit P8 THE TRUE COPY OF THE ACT FIXING THE
MINIMUM WAGES TO VARIOUS ORGANISATIONS
INCLUDING SCHEDULE DOWNLOADED FROM THE
OFFICIAL WEBSITE OF THE LABOUR
DEPARTMENT.
Exhibit P9 THE TRUE COPY OF THE G.O.(P) NO.
196/2016/LWR DATED 21/12/2016.
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W.P.(C) No.19255/2023 & connected cases
Exhibit P10 THE TRUE COPY OF THE NOTIFICATION NO.
G.O.(P) NO.38/2017/LABOUR 09/05/2017.
Exhibit P11 A TRUE COPY OF THE CIRCULAR
NO.HR/024/2022-23 DATED 25.05.2022
ISSUED BY THE KERALA STATE CO-OPERATIVE
BANK.
