KERALA STATE BEVERAGES (MANUFACTURING & MARKETING) CORPORATION LTD. Vs. DEPUTY LABOUR COMMISSIONER, KANNUR

JUDGEMENT

(1.) The Kerala State Beverages (Manufacturing and Marketing) Corporation Limited (hereinafter referred to as the 'Corporation') has filed this writ petition challenging Ext.P4 order passed by the 1 st respondent, the Deputy Labour Commissioner, the authority under the Minimum Wages Act, 1948 ('the Act', for short) directing the petitioner to pay the difference in the wages actually paid and wages payable under the Act along with compensation to the additional 3 rd respondent, a cleaning staff employed in FL-1 shop of the Corporation.

(2.) The Assistant Labour Officer, the 2nd respondent Inspector notified under Sec. 19 of the Act preferred a claim under Sec. 20 before the 1st respondent claiming that the additional 3 rd respondent was not paid minimum wages for the period from November 2014 to April 2015 and that he is entitled to an amount of Rs.37,257.00 as arrears of minimum wages. As per the claim petition, the additional 3 rd respondent had worked for more than 5 hours in a day during the said period and is entitled for minimum wages. In support of the claim, the 2nd respondent produced the inspection report and claim statement.

(3.) The Corporation filed a written statement stating that there is no sanctioned post of Part time sweeper in FL-1 shops under the Corporation and the requirement of sweeper comes only on occasional basis and such requirements would be met by shop-in-charge by engaging persons who are available in the locality. It is contended that there is no employer-employee relationship between the Corporation and the 3rd respondent, and that different individuals are engaged at various times to carry out cleaning work in the FL- 1 shops. Therefore, no registers, records, or posting orders are maintained in the FL-1 shops with respect to the cleaning staff engaged by the shop-in-charge, as per the requirements. It is also stated that, as per the orders issued by the Corporation, a maximum of one hour of cleaning work is permitted in FL-1 shops for which workers are paid Rs.40.00 in Municipal Corporations and Rs.36.00 in Municipalities and Panchayats, respectively.