PADUPPU KSHEEROLPADAKA SAHAKARANA SANGHAM LTD Vs. C VARGHESE

JUDGEMENT

(1.) Ext. P1 order passed by the authority under the Minimum Wages Act is under challenge at the instance of the Padappu Ksheerolpadaka Sahakarana Sangham Ltd. C.49(D), Padappu, (hereinafter referred to as the Sangham). The 1st respondent was working as a milk tester under the petitioner Sangham, a cooperative society in the category of Anand model cooperative societies registered under the Cooperative Societies Act. The Sangham was engaged in the collection of milk from small farmers and was distributing among the public with very low financial resources. The 1st respondent filed a claim petition before the authority appointed under the Minimum Wages Act (Deputy Labour Commissioner, Kannur) under S.20(2) of the Minimum Wages Act alleging that the petitioner had not paid the minimum wages for the period from 1.1.93 to 1.1.94. The petitioner Sangham contended that it was not a scheduled employment coming under S.2(g) of the Minimum Wages Act. It was also contended that a consolidated amount of Rs.350/- was paid to the 1st respondent and his work was from 6.30 a.m. to 8.30 a.m. on all days and the wages of the 1st respondent was covered by a settlement entered into between the parties before the District Labour Officer, Kasaragod. The authority under the Minimum Wages Act did not accept the contentions put forward by the petitioner and allowed the claim petition filed by the 1st respondent and directed the petitioner to pay an amount of Rs.9453.40. The Sangham filed this OP challenging the order of the authority under the Minimum Wages Act and for quashing the same.

(2.) Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent.

(3.) The learned counsel for the petitioner submitted that the Government had not fixed minimum wages for the employment in the milk marketing societies and Exts.R1(a) and R1(b) notifications issued under the Minimum Wages Act would take in only the employment in dairy farms. The above notifications were issued under S.3 of the Minimum Wages Act in respect of the employment of climbing of arecanut trees and dairy farming. The above notifications would disclose the different categories of employment in groups A, B, C and D in the dairy farms. It does not specifically say that it shall include the milk trading societies which collect milk from small farmers and distribute among the local public.