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2020 Supreme(Ker) 641

KMJ Public School, Rep. by its Manager – Appellant
Versus
C. M. Ance S/o Mohammed – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. Babu Karukapadath, Smt. M.A. Vaheeda Babu, Sri. Avinash P. Raveendran, Smt. Arya Raghunath, Smt. Sneha Sukumaran Mullakkal, Smt. Vaisakhi V.
For the Respondent: Sri. T.M. Mohammed Youseff.

JUDGMENT :

A.M. SHAFFIQUE, J.

1. Appeal is filed by respondents 1 and 2 in W.P. (C) No. 14087/2019. By the impugned judgment, the learned Single Judge allowed the writ petition setting aside an order passed by the Labour Court, Ernakulam in Claim Petition No. 49/2014 and remitting the matter back to the Labour Court to consider the claim petition afresh. Claim Petition No. 49/2014 was filed by the writ petitioners u/s 33C(2) of the Industrial Disputes Act. They claimed payment of salary as per the provisions of Minimum Wages Act. The concerned notification fixing the minimum wages was produced as Ext.P18.

2. The appellants herein who were appearing for the Management took up a contention that writ petitioners were not regular employees whereas they were working on part-time basis in the school managed by them and therefore they were not entitled to claim minimum wages as stated in Ext.P18, whereas they have been paid the wages which is due to them in accordance with the contract between the parties. The writ petitioners however took up a contention that they were regular employees of the Institution and they filed a reply affidavit denying the contention urged by the management by con

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