LAWS(KAR)-2012-7-418

P. PRASHOB BALAKRISHNAN Vs. SENIOR LABOUR INSPECTOR

Decided On July 13, 2012
P. Prashob Balakrishnan Appellant
V/S
SENIOR LABOUR INSPECTOR Respondents

JUDGEMENT

(1.) A short but an interesting point of law is involved in these writ petitions and said question being common to all these writ petitions they are taken up together for consideration and disposed off by this common order.

(2.) Per contra, Sri. Jagadeesh Mundaragi, learned Additional Government Advocate appearing for respondent would contend that definition of 'appropriate Government' as defined in Section 2(b)(i) of the Minimum Wages Act, 1948, would indicate that Central Government would be the 'appropriate Government' only in relation to such of those employment as described under the Schedule to the Act, which is carried on by the Central Government by itself or such employment which is under the Authority of the Central Government and submits that it has to be so construed only by restricting its interpretation and for all other employment, the "appropriate Government' would be the State Government as per Section 2(b)(ii) of the Act and as such he submits that contentions raised in the writ petition is liable to be rejected. In support of his submission he relies upon the judgment of the Division bench of this Court in Cotton Corporation of India Ltd. vs. Odusumath, 1999 1 LLJ 19 and seeks for dismissal of the writ petition.

(3.) Having heard the learned advocates appearing for the parties, I am of the considered view that following points would arise for my consideration: