JUDGMENT :

Alexander Thomas, J.

The unsuccessful petitioner in W.P(c) No.958/2021 has instituted this appeal under Section 5(i) of the Kerala High Court Act, so as to challenge the judgment dated 14.1.2021 rendered by the learned Single Judge, dismissing the said writ petition.

2. Heard Sri.Ashok B.Shenoy, the learned counsel appearing for the appellant in the writ appeal/petitioner in the writ petition and Sri.Gopakumar R.Thaliyil, the learned counsel appearing for the 2nd respondent/2nd respondent in the writ petition. Since the 1st respondent is a Labour Court concerned, notice to that party will stand dispensed with.

3. The 2nd respondent herein claims to be an employee of the appellant establishment, who is running an institute by name “Victory Health Inspector Training College” at Neyyattinkara, Thiruvananthapuram District. The said establishment is an unaided educational institution conducting diploma course for Health Inspectors and that the 2nd respondent herein claims to be an Administrative Officer in the said establishment run by the appellant. The 2nd respondent herein has filed three sets of applications as per Exts.P1, P2 and P3 under Section 15(2) of the Payment of Wages Act, 1936 before the 1st respondent Labour Court, Kollam, claiming payment of the delayed wages with compensation. The appellant has taken the objection before the Labour Court that the Labour Court is not a notified authority in terms of Section 15 of the Payment of Wages Act and that therefore, the Labour Court has no jurisdiction to adjudicate the matter instituted by the 2nd respondent as per Exts.P1 to P3 applications. In that regard, it is specifically contended that the appropriate Government has issued notifications as per Exts.P4 and P5 in exercise of the powers under Section 15(1) of the Payment of Wages, 1936. Ext.P4 is the notification published in the Kerala Gazette on 12.8.1997, whereby, it is notified that the State Government have decided to appoint the Commissioner for Workmen’s compensation in Kerala of the respective regions as the adjudicating authority in terms of Section 15(1) of the Kerala Payment of Wages Act mentioned in Schedule I of Ext.P4. Ext.P5 is the subsequent notification issued by the State Government and published in the Gazette on 29.2.2020, whereby, it is ordered that in exercise of powers under Section 15 (1) of the Payment of Wages Act and in supersession of all previous notifications that henceforth the Industrial Tribunal of the region concerned specified in the schedule attached to Ext.P5 shall exercise the powers of the adjudicating authority in terms of Section 15(1) of the Payment of Wages Act. On this basis, the writ petitioner would contend that on and with effect from the issuance of Ext.P4 notification dated 12.8.1997 and Ext.P5 notification dated 29.2.2020, the Labour Court has no jurisdiction in terms of Section 15(1) of the Payment of Wages Act to adjudicate the claims under the said Act. Yet another contention has also been taken up by the writ petitioner is that it is an admitted case of the 2nd respondent that the writ petitioner is running an unaided educational institution and that the said establishment of the appellant will not satisfy the definition of an establishment as per the Payment of Wages Act. In that regard, the contention of the petitioner is to the effect that Payment of Wages Act will apply only to those establishments which would fulfill the requirements of either subsection (4) of Section (1) or Sub-section (4) or Sub-section (5) of Section (1) of Payment of Wages Act and that in order to fulfill the requirements of Section 1(4) and Section 1(5) of Payment of Wages Act, an establishment should necessarily fulfill the definition of ‘industry’ or other establishment as defined in Section 2(ii) of the Payment of Wages Act. Further that a private unaided educational institu