1. Challenge to the constitution of a committee under Section 9 of the Minimum Wages Act, 1948, for revising minimum wages in private hospitals. (Para 3 , 5 , 6 , 7 , 8 , 9 )
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2017 Supreme(SC) 1064
SUPREME COURT OF INDIA
R.K. Agrawal, Abhay Manohar Sapre, JJ.
Kerala Private Hospital Association – Appellants
Versus
State of Kerala & Ors. – Respondents
Civil Appeal No.18368 of 2017 (Arising Out of SLP (C) No. 16602 of 2017)
With
N. Abdul Rasheed & Anr. – Appellants
Versus
State of Kerala & Anr. – Respondents
Special Leave Petition (C) No. 15791 of 2017
Decided On : 09-11-2017
Advocates Appeared:
For the Appellants :- Huzefa Ahmadi, Sr. Adv., Zulfiker Ali P.S., M.B. George, Advs.
For the Respondents:- P.V. Surendranath, Sr. Adv., Subhash Chandran K.R., Ms. Resmitha R. Chandran, Ms. Yogamaya M.G, C.K. Sasi, Advs.
For the Appellants :- Huzefa Ahmadi, Sr. Adv., Zulfiker Ali P.S., M.B. George, Advs.
For the Respondents:- P.V. Surendranath, Sr. Adv., Subhash Chandran K.R., Ms. Resmitha R. Chandran, Ms. Yogamaya M.G, C.K. Sasi, Advs.
IMPORTANT POINT
Employers’ representative need not be a employer himself.
Headnote:(a) Minimum Wages Act, 1948 – Section 9 – Composition of the Committee – Government to nominate representatives of employers and employees in equal numbers, independent members etc. Act or the Minimum Wages (Central) Rules, 1950 not providing as to who should be nominated as representative of employer. (Para 24)
(b) Minimum Wages Act, 1948 – Section 9 – Composition of the Committee – Employers’ representative – Need not be employer himself – No flaw in nominating an employee to represent his employer. (Para 26, 27, 30, 31)
AIR 1985 SC 1391 – Relied upon
Facts of the case:
The Government of Kerala constituted a Committee under Section 9 of the Minimum Wages Act, 1948 for revision of minimum wages payable to the employees working in the private hospitals and other allied institutions. The constitution was challenged by employees’ association which was repelled by the High Court.
Finding of the Court:
There is no merit in the appeals.
Result: Appeals dismissed.
Legal Category Hierarchy
Table of Contents
2. Whether representatives of employers in a statutory committee must be the employers themselves or can be employees nominated to represent the employer's interests. (Para 9 , 10 , 15 , 16 , 17 , 18 , 19 )
3. Nominees representing employers need not be the employers themselves; employees well-versed in organizational operations can competently represent employer interests without acting in an individual capacity. (Para 25 , 26 , 27 , 28 , 30 )
4. For the purpose of representing employers in a statutory committee, a nexus between the nominee and the employment is sufficient; the nominee need not be the employer. (Para 26 , 28 )
5. Appeal dismissed and the impugned judgment upholding the constitution of the committee is affirmed. (Para 21 , 31 , 32 )
6. Who can be nominated as a representative of employers in a committee under the Minimum Wages Act?
A person nominated to represent the interest of an employer does not necessarily have to be the employer themselves. An employee of the organization, particularly one well-versed in its operations, can be nominated to represent the employer's interests. (Para 26 , 27 , 30 )
7. Does a nominee employee in an employer-representative role act in their individual capacity?
No, a nominee employee does not participate in their individual capacity as an employee but participates as a representative of the employer, defending the employer's interests rather than their own. (Para 26 )
8. What is the required connection for a person to represent employers in a scheduled employment committee?
It is not necessary for the appointed person to be engaged for profit in the particular employment. It is sufficient if a nexus exists between the person appointed and the particular employment concerned. (Para 28 )
9. To what extent can courts interfere with notifications fixing minimum wages based on procedural irregularities?
Notifications fixing minimum wages, being social welfare legislation, should not be lightly interfered with on the grounds of technicalities or irregularities in the constitution of the committee, except on the most substantial grounds. (Para 28 )
JUDGMENT
Abhay Manohar Sapre, J. -
IN S.L.P.(c) No.16602 of 2017
I.A. seeking impleadment as party respondent is allowed.
2. Leave granted.
3. This appeal is filed against the final judgment and order dated 16.02.2017 passed by the High Court of Kerala at Ernakulam in Writ Appeal No.311 of 2017 whereby the High Court dismissed the appeal filed by respondent Nos.2, 3 and 4 herein and upheld the order of the Single Judge dated 01.02.2017 in W.P. (C) No.1054 of 2017 wherein the challenge made to the constitution of the Committee set up by the State of Kerala (respondent No.1) under Section 9 of the Minimum Wages Act, 1948 (hereinafter referred to as "the Act") for revision of minimum wages payable to the employees working in the private hospitals and other allied institutions was repelled by the Single Judge.
4. We herein set out the facts, in brief, to appreciate the issue involved in these appeals.
5. In order to revise the minimum wages for the employees working in the Private Hospitals, Dispensaries, Pharmacies, Scanning Centers, X-ray Units and other allied institutions, the Government of Kerala-Labour & Skills (E) Department issued G.O. (Rt) No.1334/2016/Labour dated 28.10.2016 accorded sanction for constitution of a Committee called "Private Hospital Industrial Relation Committee" under Section 5 read with Section 9 of the Act.
6. The Committee was to function under the Chairmanship of Labour Commissioner and it, inter alia, consisted of Employers' Representatives and Employees' representatives as its Members in equal numbers amongst others. So far as the Employers' representatives are concerned with which we are concerned herein, the State nominated 13 persons representing Private Medical Hospitals Associations, Medical colleges, and private hospitals of the State. These persons are: (1) Dr. P.K. M. Rasheed, President, Kerala Private Hospital Association, Medical Care Hospital, Kodungalloor-680666 (2) Fr. Tijo Joy Mullakkara, Assistant Director, Jubilee Mission Hospital, Thrissur-680005, (3) Fr. Thomas Vaikkath Parambil, Director, Lisie Hospital, Ernakulam-682018, (4) Sri Manoj V.C., Head HR, Aster DM Health Care, South Chittoor P.O. Cheranelloor, Kochi-27, (5) Chairman, Pariyaram Medical College, Kannur, (6) Sri Fazal Gafoor, President, Muslim Education Society, Bank Road, Calicut, (7) Sri Don S.R., General Manager (HR), Kims Hospital, PB No.1, Anayara P.O. Thiruvananthapuram-695 029, (8) Sri Antony Jacob. M, General Manager (HR), Kosmo Politan Pvt. Hospital, Murinjapalam Pattom P.O., Thiruvananthapuram, (9) Sri K.P. Mathew, Personal Manager, Medical Trust Hospital, Pallimukku, Ernakulam South, (10) Sri Saji Mathew, Assistant General Manager, Baby Memorial Hospital, Calicut-673004, (11) Dr. A.M. Anvar, Vice-President, Ayurveda College Management Association, Pooyappallil, Ambedkar Road, Edappally North P.O. Kochi-24, (12) Sri O.P. Paul, Manager(HR), Elite Mission Hospital, Koorkkanchery, Thrissur-680018 and (13) Sri Saidu Muhammad V.M., Administrator, Moulana Hospital, Perinthalmanna, Malappuram.
7. As far as the Employees' representatives are concerned, the State nominated 13 persons representing various Trade Unions, Medical Colleges, and Private Hospitals. These persons are: (1) Sri A. Madhavan, (CITU), Arunima, Devan Road, Kanhangad, Kasaragod, (2) Sri K.P. Sahadevan, A.K.G. Nagar, Housing Colony, House No.10, Kakkad, Kannur-2, (3) Smt. Bhageerathi K.(CITU), Pranavam, Moonnamkandathil, East Devagiri, Medical College PO, Kozhikode-673 008, (4) Smt. Geetha Viswambharan, (CITU), Pulincherry House, Gramala, Mulankunnathukavu P.O., Trichur-680 581, (5) Sri Velayudhan. K. (CITU), Chinchu, 14/518 A, Chakkerikkaduparambu, Arakkinar P.O. Kozhikode-673 028, (6) Sri Saju Thomas, (INTUC), Kandathara, Perumbadanna, North Paravur P.O., Ernakulam, (7) Sri Vadakkevila Sasi, (INTUC), Kailas, Vadakkevila P.O., Kollam-691010, (8) Sri A.N. Rajan, (AITUC), Ambattumyalil, Kolazhi P.O. Thrussur, (9) Sri Jacob Umma, (HMS), Nadayil Veettil, Chettik
