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2017 Supreme(Ker) 882

A.K.JAYASANKARAN NAMBIAR
All Kerala Plywood & Block Board Manufacturers Association – Appellant
Versus
State of Kerala Rep. by Secretary, Labour & Skilled Department – Respondent


Advocates Appeared:
For the Petitioners: Sumathy Dandapani, Millu Dandapani and Anna Thomas.
For the Respondents: Mathew George Vadakkal, I. Sheela Devi and Preethy R. Nair.

JUDGMENT :

1. The petitioners herein impugn Ext.P6 notification fixing revised minimum rates of wages to employees employed in timber and plywood Industries in the State of Kerala. The main ground urged in the writ petition is that the State Government, while issuing the impugned notification did not consider the objections raised by the petitioners and others to the preliminary notification that was published and proceeded to issue the final notifications without adverting to the relevant aspects that ought to have guided the State Government while fixing the minimum rates of wages.

2. I have heard the learned counsel appearing for the petitioners as also the learned counsel appearing for the respondents, in the backdrop of the pleadings before me.

3. Before examining the legality of Ext.P6 notification that fixes the Minimum Wage for workers in the Plywood Industry, it would be apposite to first look at the statutory provisions that govern the fixation of minimum wages and, also examine the extent to which courts are empowered to interfere with a decision taken by the State Government, fixing a minimum wage.

4. Section 3 of the Minimum Wages Act, 1948 [hereinafter referred to as the





















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