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2020 Supreme(Kar) 130

ABHAY S.OKA, MOHAMMAD NAWAZ
Private Hospital and Nursing Homes Association – Appellant
Versus
Secretary Labour Department Government of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Shri S.N. Murthy, Shri Somashekar.
For the Respondents: Shri I. Tharanath Poojari, Shri K.B. Naryana Swamy, Shri K. Subba Rao, Shri K.N. Satheesh, Shri Maithreyi Krishnan.

JUDGMENT :

ABHAY S. OKA, J.

OVERVIEW:

1. These appeals take exception to the Judgment and order dated 29th March, 2019 by which, the learned Single Judge decided writ petition Nos. 8388-8417/2017 and several other connected writ petitions.

2. The writ petitions arose out of the exercise of powers under Section 5 of the MINIMUM WAGES ACT , 1948 (for short “the said Act of 1948”). Under Section 3 of the said Act, the Appropriate Government is required to fix minimum rates of wages payable to the employees, employed in any employments specified in Part-I or Part-II of the Schedule to the said Act of 1948. Section 5 of the said Act of 1948 lays down the procedure for fixing and revising minimum wages.

3. In the writ petitions filed before the learned Single Judge, which were decided by the impugned Judgment and order, there was a challenge by the employers to the Notifications issued under Sub-Section (2) read with clause (b) of Sub-Section (1) of Section 5 of the said Act of 1948 by the appropriate Government, which in this case is the State Government. These were notifications issued

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