KERALA PRIVATE HOSPITAL ASSOCIATION Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is instituted by an association of Private Hospitals in the State and a member of that association challenging the proceedings pursuant to Ext.P3 draft notification issued by the State Government under the Minimum Wages Act (the Act), for revising the minimum rate of wages payable to the employees in Private Hospitals, Dispensaries, Pharmacies, Scanning Centres, X-ray units and other related establishments in the State. It is stated by the petitioners that though more than 400 hospital managements including the members of the first petitioner association have raised objections to the proposal made in Ext.P3 draft notification, the Government is taking hasty steps to finalise the proceedings by issuing a final notification without considering the objections and without due application of mind. It was pointed out that the Government is proposing to hear all the affected persons, thousands in number, in two days. According to the petitioners, such hearings would not only serve any purpose, but would also go against the scheme and the provisions of the Act. It is stated by the petitioners that the scheme of the Act is such that the Government shall effectively consider the objections raised against the draft proposals published under the Act. The petitioners, therefore, seek the following directions in the writ petition.

(2.) When this matter was taken up on 15/3/2018, it was pointed out that the dispute between the Private Hospitals in the State and the associations representing their staff has been referred by this Court for mediation in terms of an order passed in W.P.(C).No.7006 of 2018 and if proceedings pursuant to Ext.P3 notification are continued, the same would render the mediation process futile. In the said circumstances, taking the view that an amicable settlement of the issues would be appropriate in public interest, this Court directed that proceedings pursuant to Ext.P3 notification shall not be finalised. It was, however, made clear that the hearing proceedings scheduled pursuant to the draft notification can continue.

(3.) On 27/3/2018, when this matter was taken up, it was pointed out by the learned counsel for the parties that the mediation directed by this Court did not fructify. It was, however, pointed out by the learned State Attorney that the Government is making yet another attempt to resolve the dispute amicably by convening a meeting of the stakeholders. The matter was, accordingly, adjourned so as to enable the Government to make an endeavour to resolve the dispute amicably.