ABDUL KHADER Vs. ASSISTANT LABOUR OFFICER KODUNGALLUR

JUDGEMENT

(1.) Since common issues arise for consideration in these writ petitions, they are disposed of by this common judgment. For the sake of convenience, unless otherwise expressly indicated, the status of the parties and the exhibits referred to hereinbelow shall be as obtaining in W.P.(C) 15178 of 2013.

(2.) W.P.(C) 15178 of 2013: The petitioner is the proprietor of Al-Iqbal Hospital, Chentrappinni, which was established in 1996. Petitioner is a businessman in gulf countries and the Administrator looks after the affairs of the hospital in his absence. The hospital has six consulting doctors and a Resident Medical Officer, along with 20 permanent employees across various departments. Additionally, there were 45 trainee nursing students who were undergoing mandatory one-year training as part of their studies and most of them leaving the hospital after completing their training. The petitioner ensured that all the employees were enrolled in the Employees Provident Fund.

(3.) While so, the petitioner received Ext. P1 revenue recovery notice issued by the Deputy Tahsildar (Revenue Recovery), the 3rd respondent for the recovery of an amount of Rs.20,17,680.00 together with interest @ 12% per annum from 28/1/2008 due towards arrears of wages ordered in MWA 10/2006 by the 2nd respondent, the Deputy Labour Commissioner, Thrissur, the Authority under the Minimum Wages Act, 1948 (hereinafter called the "MW Act' for short). The petitioner states that he was not aware of any proceedings before the 2nd respondent nor he received any notice from the 2nd respondent. On enquiry, the petitioner came to know that the 2nd respondent passed an ex parte order on 28/1/2008 on a claim filed by the Assistant Labour Officer, the 1st respondent, the Inspector appointed under Sec. 19 of the MW Act for payment of difference in minimum wages to 87 employees for the period from September, 2005 to February, 2006. The petitioner was directed to pay a sum of Rs.10,08,840.00 being the difference in minimum wages together with compensation of Rs.10,08,840.00 to the employees concerned.