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2009 Supreme(Ker) 1227

S.SIRI JAGAN
G 4 S Security Services (India) Pvt. Ltd. – Appellant
Versus
Satheesh Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: George Poonthottam
For the Respondents: P. Ramakrishnan. & T.C. Krishna

JUDGMENT :

1. The petitioner in these two Writ Petitions is the common management in C.P.Nos. 52 of 2003 and 6 of 2004 before the Labour Court, Ernakulam. They are challenging the common order passed by the Labour Court in those two claim petitions, which is produced as Ext. P3 in both the Writ Oetitions. The facts necessary for the disposal of these writ petitions may be summarized as under.

2. Respondents 1 to 6 in W.P.(C) No. 10079/2009 and respondents 1 to 4 in the other were workmen employed by the petitioner. According to the workmen, in retaliation of their raising claim for minimum wages, they were terminated from service on false allegations. They filed the claim petitions before the Labour Court for recovery of the difference between minimum wages payable to them and the actual wages paid, difference in subsistence allowance payable to them calculated on the basis of minimum wages and overtime wages for overtime work done by them. Before the Labour Court, the petitioner took the contention that the eligibility of the workmen for minimum wages itself is an industrial dispute, which cannot be adjudicated in proceedings under S.33C(2) of the Industrial Disputes Act, since such




















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