ARIMALA CLINIC Vs. STATE OF KERALA

JUDGEMENT

(1.) A similar question arises in all these cases and, therefore, these cases are being disposed of by this common judgment.

(2.) Petitioners in these cases are private hospitals. In all the cases, the challenge is against notification G. O. Rt. No. 1055/90/LBR dt. 25.4.1990 fixing the minimum rate of wages payable to the employees employed in the hospitals, dispensaries and pharmacies in the State, effecting from 1.5.1990.

(3.) Ext. P1 notification in O. P. No. 7029/90 (The said notification is produced in other cases as well) is in supersession of earlier fixation of minimum wages as per G. O. Ms. 94/80/LBR dt. 8.9.1980. As a prelude to review the wages fixed in 1980, Government published orders as per notification No. G. O. Rt. 229/89/LBR dt. 31.1.1989 as contemplated by clause (b) of sub-s.(1) of S.5 of the Minimum Wages Act, 1948 (for short 'the Act'). All the petitioners are stated to have objected to those proposals either individually or through their association.