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2020 Supreme(Ker) 33

K.VINOD CHANDRAN, V.G.ARUN
Tata Consultancy Services Limited – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Appellant : SRI.P.BENNY THOMAS, SRI.D.PREM KAMATH
For the Respondent: SRI.K.V.SOHAN, SRI.P.VIJAYAKUMAR, SRI.V.R.RAKESH (SERVED ON)

JUDGMENT

K. Vinod Chandran, J.

A laudable objective, in tune with current technological advancements, to ensure payment of minimum wages to the employees, mainly of the un-organized sector, is challenged on the ground of the rule being ultra vires, illegal and the procedure prescribed cumbersome, unworkable and unreasonable. We cannot but observe at the outset that essentially the challenge arise from the reluctance to adapt to change especially to a digital platform which also is alleged to be fraught with evils that often does not meet the eye; infringing the privacy of the employer and the employee. The State, on the other hand, asserts that the virtual world is a reality and the technological improvements over the years should inform the interpretation of statutes, failing which the citizens would be deprived of the benefit of the welfare measures effectively implemented through the digital arena.

2. The challenge is against the amendments made to the Kerala Minimum Wages Rules, 1958 by notification dated 08.07.2015. The notification is produced as Exhibit P1 in W.P(C) 25590 of 2017, from which W.A.No.979 of 2018 arises; the documents in which are referred to in the course of this

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