N. ABDUL RASHEED MANAGING PARTNER, MOULANA HOSPITAL, PERINTHALMANNA P.O., MALAPPURAM DISTRICT Vs. STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM

JUDGEMENT

(1.) The nomination by the State Government to represent employers for the Advisory Board to be constituted under Sec. 9 of the Minimum Wages Act is called in question by certain employees of hospitals in the State alleging unequal representation in constituting the Advisory Board.

(2.) The Government by Ext.P-3 notification dated 28.10.2016 constituted a committee comprised of employers representation and employees representation. This committee is constituted to advise the State Government in fixing minimum wages for the employees working under various hospitals in the State. As mandate under Sec. 9, there shall be equal number of representation of both employers and employees. The case of the petitioner is that the employers' nominees 4, 7, 8, 9, 10, 12 and 13 in Ext.P-3 notification are represented by the employees instead of employers and therefore, constitution of the committee is invalid. It is submitted that the very exercise to be carried out under the Minimum Wages Act is to fix minimum wages of the employees and therefore nomination of the employees to represent the employers is illegal and unsustainable. It is pointed out that the Government has chosen to nominate employees representatives by nominating trade union members and without there being equal bargaining power to the committee to be constituted for the entire exercise to be carried out not in the best interest of the employers in the State.

(3.) In this context, it is appropriate to quote Sec. 9 of the Minimum Wages Act, 1948, which reads thus: