TIRUCHIRAPPALLI NORTH SARVODHAYA SANGAM Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Heard both sides.

(2.) The Petitioner is the Tiruchirappalli North Sarvodhaya Sangam represented by its Secretary. They have come forward to challenge the order of the State Government viz., the first and second Respondents, dated 17.12.2008, in refusing to consider the exemption application made by the Petitioner Sangam dated 11.05.2007 from the application of the Minimum Wages Act, 1948.

(3.) The Petitioner sought for exemption under Section 26 of the Minimum Wages Act. Under Section 26 of the Minimum Wages Act, the Government can grant exemption from the application of the Minimum Wages Act subject to certain conditions. It is a claim of the Petitioner that they are not profit making organization registered under the Societies Registration Act and it is only carrying out the charitable activities. The said Sangam is founded on the basis of the Gandhian ideology and therefore, they should have been granted exemption from the provisions of the Act. It is further contended that they are not indulging in any manufacturing activity and their activities are connected with villagers and the poor people and the same will come under the definition of cottage industries and therefore, the Act will not apply.