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N. NAGARESH
Elite Distilleries And Beverages Company – Appellant
Versus
Secretary To Government, Labour & Skills(E) Department – Respondent
JUDGMENT :
The petitioners in these writ petitions are in the business of manufacture of Indian Made Foreign Liquor (IMFL). They run their own Distilleries. The writ petitioners challenge GO(P) No.103/2021/LBR dated 27.12.2021 (Ext.P3 Notification in W.P.(C) No.28861/2022).
2. By GO dated 27.12.2021, the Government of Kerala, in exercise of powers conferred by Clause (b) of sub-section (1) of Section 3 of the Minimum Wages Act, 1948 read with sub-section (2) of sub-section (5) thereof has revised the minimum rates of wages payable to the employees employed in Breweries (including manufacture of beverages and distillation and rectification of spirit) industry sector in the State of Kerala, as specified in the schedule annexed to the GO.
3. The petitioners state that the GO is illegal and has been issued in violation of the provisions of the Minimum Wages Act, 1948. According to the petitioners, fixation of grades cannot be a component in the matter of fixation of minimum wages. Though grades and weightages were taken as components in the draft notification, weightage has been taken away in Ext.P3 GO while retaining grades, without any legal basis.
4. The Government has fixed a graded sc
The court upheld the Government's authority to revise minimum wages under the Minimum Wages Act, emphasizing limited grounds for judicial review.
The State Government has the authority to make interim arrangements for enhancing the wages of tea garden workers, pending finalization of the minimum wage settlement under the Minimum Wages Act, 194....
The government’s discretion in fixing minimum wages under the Minimum Wages Act is legally valid and not subject to judicial review except on substantial grounds.
Determination of minimum rates of wages – Once there was no mistake, same could not have been corrected in exercise of powers under Section 10 of Act, 1948.
The principles of natural justice require stakeholder participation in wage fixation processes, and failure to include employers renders the decision arbitrary.
The court upheld the validity of government notifications on minimum wage revisions, affirming compliance with procedural requirements under the Minimum Wages Act, 1948.
(1) Grant of benefits of higher pay scale to Central/State Government employees stand on different footing than grant of pay scale by an instrumentality of State.(2) Classification on the basis of qu....
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