KMJ PUBLIC SCHOOL Vs. C M ANCE

JUDGEMENT

(1.) Appeal is filed by respondents 1 and 2 in WP(C) No. 14087/2019. By the impugned judgment, the learned Single Judge allowed the writ petition setting aside an order passed by the Labour Court, Ernakulam in Claim Petition No.49/2014 and remitting the matter back to the Labour Court to consider the claim petition afresh. Claim petition No.49/2014 was filed by the writ petitioners u/s 33C(2) of the Industrial Disputes Act. They claimed payment of salary as per the provisions of Minimum Wages Act. The concerned notification fixing the minimum wages was produced as Ext.P18.

(2.) The appellants herein who were appearing for the Management took up a contention that writ petitioners were not regular employees whereas they were working on part-time basis in the school managed by them and therefore they were not entitled to claim minimum wages as stated in Ext.P18, whereas they have been paid the wages which is due to them in accordance with the contract between the parties. The writ petitioners however took up a contention that they were regular employees of the Institution and they filed a reply affidavit denying the contention urged by the management by contending that they were working from morning to evening. The petitioners have also adduced evidence before the Labour Court. However, the Labour Court by its order dated 20/2/2019 formed an opinion that Section 33 C(2) does not envisage an enquiry as to whether the writ petitioners were entitled for the minimum wages as claimed by them especially on account of the dispute that the writ petitioners have denied the liability to pay such minimum wages. It was held that in the absence of any pre-existing right or admitted liability of the employer, no determination can be made under S.33 C(2) of the I.D. Act.

(3.) The learned Single Judge however placed reliance on the judgment of a learned Single Judge of this Court in G4S Security Services (India) Ltd. v. Satheeshkumar K and Others, 2010 1 KerLT 463 wherein it was held that while considering an application u/s 33 C(2), it is open for the Labour Court/Industrial Tribunal to consider whether the claim for minimum wages can be granted or not.