KERALA AUTOMOBILE DEALERS’ ASSOCIATION Vs. STATE OF KERALA

JUDGEMENT

(1.) The Review Petitioner is the Petitioner in W.P.(C) No.15539/2022. The said Writ Petition was filed challenging Ext.P1 Notification revising the minimum rate of Wages payable to Employees in "Minor Engineering Sector". This Court by Judgment, dtd. 18/11/2022 held that "Employees working in Workshops i.e. services and repair alone would fall under the expression - Minor Engineering" and those in showrooms could not be covered under the Provisions of Minimum Wages Act, with liberty to the Government to issue clarification or corrigendum to eradicate the ambiguity.

(2.) The Petitioner Association was sanguine of the compliance of Judgment by the Government issuing a fresh notification after complying with Sec. 5, Sec. 27 and Sec. 3(1-A) of Minimum Wages Act, after declaring "Automobile Sector" as a separate schedule employment in Part-1, in first schedule of Minimum Wages Act.

(3.) But Government instead of declaring Automobile Sector as a separate schedule employment after complying with Sec. 27, read with Sec. 3(1-A) and without following the procedure contemplated in Sec. 5 of the Minimum Wages Act, simply proceeded to issue Annexure I clarification order stating as follows: