SABI JOSEPH Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) THESE Original Petitions are being heard and disposed of by a common judgment. O.P. No. 407/91 is treated as the main petition and the fate of the rest of the petitions (O.P. Nos. 5535 and 10009 of 1991) except O.P. No. 7219/90 will depend upon the outcome of the main petition, viz. O.P. No. 407/91, so that if O.P. No. 407/91 is allowed, O.P. Nos. 5535 and 10009/91 will stand allowed and if O.P. No. 407/91, is dismissed, O.P. Nos. 5535 and 10009/91 also will stand dismissed. All the above Original Petitions viz. O.P. Nos. 407, 5535 and, 10009/91 are filed by the respective Petitioners therein challenging the order of the authority constituted under the Minimum Wages Act making payment of minimum wage applicable to employees, employed in the Hostels attached to the respective colleges under the Petitioners which is a scheduled employment. O.P. No. 7219/90 is at the instance of the President of the Medical College Hostel and Mess Employees Association for the issuance of a writ of mandamus directing the Respondents 3 to 13 (Principal, Warden, etc. of the Medical College, Kozhikode) to implement Ext. P -4 Notification G.O. (Rt.) No. 1292/86/LBR, dated 30th August, 1986 issued by the Government of Kerala under Section 3 of the Minimum Wages Act fixing minimum wages for employees attached to the Hostels in Colleges in the State, so that the Petitioner in O.P. No. 7219/90 can succeed only if the pest of the petitions are dismissed.

(2.) THE case of the Respondents 1 to 18 was that they are employees of the hostel mess attached to the Trichur Government Engineering College in different categories such as cooks, kitchen helpers, suppliers, etc, that they are eligible to the minimum rates of wages payable to the employees employed in the employment in hostels in the State and that they are employees of the Petitioner. They therefore prayed for a direction under Section 20(3) of the Act for payment of difference in wages under the Minimum Wages notification and the wages actually paid. The Petitioner denying liability for payment, contended that Respondents 1 to 18 are not employed by him and that the Petitioner is the head of the institution directly run by the State Government and all employees working in the institution are appointed by the State Government based on the advice of the Public Service Commission or Employment Exchange, as the case may be and that all regular employees are paid wages as fixed by the Government from time to time. It is further contended by the Petitioner in the O.P. that Respondents 1 to 18 did not produce any letter of appointment to substantiate their claims that they are employed by the Petitioner and that the mess attached to the hostel is run by the students and food expenses are met by the students themselves on the basis of dividing system, that the students for meeting certain additional work of casual nature had engaged some casual labourers like Respondents 1 to 18 on contract basis and their charges, were met by the students from the mess fund pooled by them. It was also averred by the Petitioner that there is a hostel council consisting of 21 elected student members to look after the affairs of the hostel mess which is assisted by a mess committee consisting of mess secretary, mess directors and some nominated members. The Petitioner pointed out that the hostel council is the authority to take decision for appointing casual labourers and the wages of the casual labourers thus engaged by the hostel council are paid by the students themselves. In the result, the, Petitioner denied responsibility for paying minimum wages to Respondents 1 to 18 and pleaded that he may be exonerated from any liability to pay minimum wages as demanded by Respondents 1 to 18 as the Petitioner is not the 'employer' of Respondents 1 of 18 and hence not liable to meet the claim of the Respondents and hence the application is liable to be dismissed.

(3.) M .W. 1, one A.N. Chandran, Assistant Professor of the college in Chemistry and Warden of the hostel attached to Government Engineering College, Trichur was examined on the side of the Petitioner. He deposed that: