IMPORTANT POINT
Employers’ representative need not be a employer himself.

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, Ch