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2013 Supreme(Ker) 692

K.VINOD CHANDRAN
Kerala Rubber Foot Wear Manufacturers & Exporters Association, represented by its President – Appellant
Versus
State of Kerala, represented by The Secretary – Respondent


Advocate Appeared:
For the Petitioners:U.K. Ramakrishnan, Sr. Advocate, Mrs. P. Vijayamma, V. Krishna Menon, U.K. Devidas, Prinsun Philip, Mrs. Uma Gopinath, Advocates.
For the Respondents:Jacob Abraham, Advocate, James Mathew Kadavan, Government Pleader.

Judgment :

1. The petitioners are, an Association and two Industries engaged in the “Rubber Product Industry” wherein the Government sought to revise the minimum wages as per the Minimum Wages Act, 1948 (for brevity 'the Act'). The Government in accordance with clause (b) of sub-section 1 of Section 5 of the Act brought out a notification in the Official Gazette publishing the proposals for revision of the minimum wages for unskilled workers, skilled workers and highly skilled workers employed in the Rubber Products Industry. The same is produced herein as Ext.P2. Objections were called for from the employers as well as the employees and as is provided in the proviso to sub section (2) of Section 5, the Advisory Board was also consulted. Such consultation is evident by the recommendation made by the Advisory Board through Ext.P4(g). Subsequently, Government came out with Ext.P5 notification revising the minimum wages and providing for such minimum wages to be paid to various categories of employees engaged in the Rubber Products Industry.

2. Ext.P5 is assailed in this writ petition on the ground that what had not been proposed in Ext.P1 has been additionally included in Ext.P5, ie,














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