JAYACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) IN all these writ petitions, the challenge is directed against the Notification SRO. No. 811 of 1980 issued under GO. Ms. No. 94 of 1980-LBR. Government of Kerala, Labour (E) Department dated 8-9-1980 in exercise of the powers conferred by clause (a) of sub-section (1) of S. 3 of the minimum Wages Act, 1948 (Central Act 11 of 1948) (hereinafter referred to as the Act), read with S. 5 (2) thereof, fixing the minimum rates of wages payable to the employees employed in the private hospitals, dispensaries and pharmacies in the State of Kerala, as specified in the schedule annexed thereto. The notification fixed the 10th day of September, 1980, to be the date from which the rates mentioned in the schedule to the Notification were to come into force. The question of law raised in all the writ petitions being the same, they were beard in a group, and are being disposed of by this common judgment.

(2.) THE draft proposals with respect to the fixation of minimum wages to the employees employed in the private hospitals, dispensaries and pharmacies had been published in Notification No 40229-77-L & H dated 19th January 197 9 in the Kerala gazettee Extraordinary No. 44 dated 23rd January 197 9 as required under clause (b) of sub-section (1) of S. 5 of the Act. In SRO No. 811 of 1980 it is found stated that it was after consulting the Minimum Wages Advisory Board constituted under S. 7 of the Act that the minimum rates of wages payable to the employees employed in the establishment mentioned above had been fixed.

(3.) THERE is no challenge against this amendment under s. 27 of the Act adding item 21 to the schedule to the Act either on the ground that there was no notification or that the notice given fell short of the requirement of three months