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1982 Supreme(Ker) 42

T.KOCHU THOMMEN
HINDI PRACHAR PRESS – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The petitioner who is the employer challenges Ext. P4 order of the 2nd respondent, Labour Court, Ernakulam, made under S.33C (2) of the Industrial Disputes Act, 1947, (the "I D. Act") on the basis of an application filed by the employee, the 3rd respondent, claiming minimum wages at the rate applicable to a skilled worker.

2. The employee contended that being a Compositor she came within the category of "skilled workers" in terms of Ext. P1 notification issued by the Government in exercise of the power conferred by S 3 (1) (b) of the Minimum Wages Act, 1948. Accepting her contention, the Labour Court found that "compositor" was not one of the specified "unskilled", workers and therefore such a person would come within the definition of "skilled workers", as the notification says that the skilled workers are "all workers other than specified as unskilled". On the basis of this finding the court ordered that the employee was entitled to a sum of Rs. 825/- as arrears of minimum wages computed at the rate applicable to skilled workers, viz. Rs. 160/-per month (vide Ext. P4).

3. Challenging Ext. P4 it is contended on behalf of the petitioner that the Labour Court made the o




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