VARGHESE Vs. PADAPPU KSHEEROLPADAKA SAHAKARANA SANGHAM LTD

JUDGEMENT

(1.) The workman involved in an application under the Payment of Minimum Wages Act, has filed this appeal aggrieved by the judgment of the learned Single Judge in O.P. No. 7007/1998, by which the order passed by the authority under the Minimum Wages Act, 1948 was set aside by the learned Single Judge, holding that the Padappu Ksheerolpadaka Sahakarana Sangham Ltd. in which the appellant was working as a Milk Tester is not an industry coming within any of the industries enumerated in the schedule to the Minimum Wages Act, thereby excluding the application of the provisions of the said Act to the said establishment. The short facts necessary for the disposal of this Writ Appeal are as follows:

(2.) The 1st respondent is a co-operative society engaged in the business of collection of milk from small farmers and selling the same to the public. Complaining about nonpayment of minimum wages applicable to the employees in dairy farms, the appellant filed an application before the 2nd respondent. The 2nd respondent upheld the contentions of the appellant and directed payment of minimum wages as per S.R.O. No. 804/92, by which the Government of Kerala prescribed the minimum wages for employees of dairy farming. The said order was challenged by the 1st respondent society before the learned Single Judge. The learned Single Judge allowed the Original Petition holding that the 1st respondent society is not a scheduled employment and therefore, the notification mentioned above is not applicable to the employees of the said society. The workman is challenging the said judgment in this appeal.

(3.) We have heard the learned Counsel for the appellant and the 1st respondent as also the learned Government Pleader.