The engagement of employees for remuneration less than the minimum wages amounts to forced labor prohibited by Art.23 of the Constitution of India, and the employees are entitled to the minimum wages as fixed by the notification issued by the State Government under the Minimum Wages Act.

K. Narayana Kurup, J.

These Original Petitions are being heard and disposed of by a common judgment. O.P.No.407/91 is treated as the main petition and the fate of the rest of the petitioners (O.P.Nos. 5535 and 10009 of 1991) except O.P.No.7219/90 will depend upon the outcome of the main petition, viz. O.P.No.407/91, so that if O.P.No.407/91 is allowed, O.P.Nos.5535 & 10009/91 will stand allowed and if O.P.No.407/91 is dismissed, O.P.Nos. 5535 & 10009/91 also will stand dismissed. All the above Original Petitions,' viz. O.P.Nos. 407, 5535 and 10009/91 are filed by the respective petitioners therein challenging the order of the Authority constituted under the Minimum Wages Act making payment of the minimum wage applicable to employees employed in the Hostels attached to the respective colleges under the petitioners which is a scheduled employment. O.P.No.7219/90 is at the instance of the President of the Medical College Hostel and Mess Employees Association for the issuance of a writ of mandamus directing the respondents 3 to 13 (Principal, Warden, etc. of the Medical College, Kozhikode) to implement Ext.P4 notification G.O.Rt.No.t292/86/LBR dated 30th August, 1986 issued by the Govt. of Kerala under S.3 of the Minimum Wages Act fixing minimum wages for employees attached to the Hostels in Colleges in the

State, so that the petitioner in O.P.No.7219/90 can succeed only if the rest of the petitions are dismissed. O.P.No.407/1991

In this Original Petition, the petitioner, the Principal, Govt. Engineering College, Trichur prays for the issuance of a writ of certiorari to quash Ext.P1 order passed by the 19th respondent, the Deputy Labour Commissioner, Trichur, the Appellate Authority under the Minimum Wages Act, 1948 in M.W.A. 13 of 1989. M.W.A. 13 of 1989 on the file of the 19th respondent here invvasan application filed by one P.R. Sreenivasau and 17 others who arc employed in the hostel attached to the Trichur Govt.Engineering College and who are respondents 1 to 18 in this Original Petition against the opposite party therein, the Principal, Trichur Govt. Engineering College, and the petitioner in this Original Petition under S.20 of the Minimum Wages Act, 1948 for arrears of minimum wages for the period from December, 1988 to May, 1989 (both months inclusive) amounting to Rs.26,510/-.

2. The case of the respondents 1 to 18 was that they are employees of the hostel mess attached to the Trichur Govt. Engineering College in different categories such as cooks, kitchen helpers, suppliers, elc. that they are eligible to the minimum rates of wages payable to the employees employed in the employment in hostels in the State and that they are employees of the petitioner. They therefore prayed for a direction under S.20(3) of the Act for payment of difference in wages under the Minimum Wages notification and the wages actually paid. The petitioner denying liability for payment, contended that respondents 1 to 18 are not employed by him and that the petitioner is the head of the institution directly run by the State Government and all employees working in the institution are appointed by the State Government based on the advice of the Public Service Commission or Employ men t Exchange, as the case may be and that all regular employees arc paid wages as fixed by the Government from time to time. It is further con tended by the petitioner in the O.P. that respondents 1 to 18 did not produce any letter of appointment to substantiate their claims that they are employed by the petitioner and that the mess attached to the hostel is run by The students and food expenses are met by the students themselves on the basis of dividing system, that the students, for meeting certain additional work of casual nature, had engaged some casual labourers like respondents 1 to 18 on contract basis and their charges were met by the students from the mess fund pooled by them. It was also averred by the petitioner that (here is a hostel council consistin