COCHIN MAZDOOR SANGH Vs. BOBBY

JUDGEMENT

(1.) By this common judgment, we dispose of these two connected Writ Appeals arising from the judgment dated 14th August, 2003 passed by the learned Single Judge in O.P.No. 261 of 2001. Writ Appeal No. 2026 of 2003 has been filed by the additional respondents 8 and 9 while Writ Appeal No. 1008 of 2004 has been filed by respondents 1 to 3, in the original liSection

(2.) M.C. Bobby, President, Kerala Cine Exhibitors Association, the petitioner in the original lis challenged the notification issued by the Government as G.O. (Rt) No. 4153/2000/LBR dated 2nd December, 2000, revising the minimum rates of wages payable to the employees of the Cinema Theatres in the State, a copy of the notification aforesaid was placed on record as Ext.P1. By the notification aforesaid, a revision of wages was made in respect of the employees of the Cinema Theatres right from Manager to sweeper cum scavenger. It is the case of the petitioner that the last notification for the same purpose was challenged before this Court in O.P. No. 1190 of 1988. That O.P. was disposed of by judgment dated 24th June,1992. The court held that classification made for distinctive treatment would be invalid and arbitrary and the Government ought not to have fixed the rate in a uniform manner throughout the State. It was found that it would be illogical to hold that the notification was validly issued. After detailed consideration, taking into account various judgments of the Supreme Court, learned Single Judge quashed the notification. Against the judgment, placed on record as Ext.P2, an appeal was preferred by the Government in 1992. When the same was taken up for hearing on 21st of November, 2000, petitioner reported that a fresh notification has been issued on the basis of the report of the Committee dated 22nd May, 1999 calling for objection by the respondent for revising the wage section Accordingly, the appeal was dismissed as in fructuous directing the parties to challenge the notification in appropriate proceedings, if they were aggrieved. When the fresh notification, Ext.P1, came to be issued, petitioner placed objections before the respondents questioning the validity of the same. The notification, Ext.P1, issued by the Government under Section 9 of the Minimum Wages Act revising/fixing the minimum wages of the employees engaged in the Cinema Theatres in the State of Kerala was challenged/on the same grounds as urged in O.P. No. 1190 of 1988 referred to above, which was allowed and the appeal whereof became in fructuous, in the manner mentioned above.

(3.) In support of the petition, it was urged before the learned Single Judge that the number of shows in the theatres in cities and in panchayats are different and in the theatres in the cities usually there would be four regular shows whereas, in panchayat areas, there would be only two regular shows in a theatre. The invasion of cable network in the field of cinema is threatening the cinema shows and the business generated there from being substantially reduced was also highlighted before the learned Single Judge. It was also urged that fixation of minimum wages in respect of workers working in the whole of the State, irrespective of the nature of work and nature of collection in the theatre was arbitrary and volatile of Article 14 of the Constitution of India. The minimum wages fixed by the Government was fixing of equal wages for unequal work was also a contention raised before the learned Single Judge.