Minimum wage laws apply to temporary workers, and employers must prove actual hours worked; factual findings by labor authorities are binding in judicial review.

JUDGMENT :

1. The Kerala State Beverages (Manufacturing and Marketing) Corporation Limited (hereinafter referred to as the 'Corporation') has filed this writ petition challenging Ext.P4 order passed by the 1^st respondent, the Deputy Labour Commissioner, the authority under the Minimum Wages Act, 1948 (‘the Act’ for short) directing the petitioner to pay the difference in the wages actually paid and wages payable under the Act along with compensation to the additional 3^rd respondent, a cleaning staff employed in FL-1 shop of the Corporation.

2. The Assistant Labour Officer, the 2^nd respondent Inspector notified under section 19 of the Act preferred a claim under section 20 before the 1^st respondent claiming that the additional 3^rd respondent was not paid minimum wages for the period from November 2014 to April 2015 and that he is entitled to an amount of Rs.37,257/- as arrears of minimum wages. As per the claim petition, the additional 3^rd respondent had worked for more than 5 hours in a day during the said period and is entitled for minimum wages. In support of the claim, the 2^nd respondent produced the inspection report and claim statement.

3. The Corporation filed a written statement stating that there is no sanctioned post of Part time sweeper in FL-1 shops under the Corporation and the requirement of sweeper comes only on occasional basis and such requirements would be met by shop-in-charge by engaging persons who are available in the locality. It is contended that there is no employer-employee relationship between the Corporation and the 3^rd respondent, and that different individuals are engaged at various times to carry out cleaning work in the FL-1 shops. Therefore, no registers, records, or posting orders are maintained in the FL-1 shops with respect to the cleaning staff engaged by the shop-in-charge, as per the requirements. It is also stated that, as per the orders issued by the Corporation, a maximum of one hour of cleaning work is permitted in FL-1 shops for which workers are paid Rs. 40/- in Municipal Corporations and Rs. 36/- in Municipalities and Panchayats, respectively.

4. The 1^st respondent, by Ext.P4 order, held that minimum wages shall be paid to the employees even if they are working on contract or temporary basis. It was further held that the Employment in FL shops falls under scheduled employment as defined in Section 2(g) and Item No. 21 of the Schedule to the Act. It was also held that the Corporation failed to produce any evidence to show that the additional 3^rd respondent had worked only up to one hour a day in the FL-1 shop. Accordingly, the 1^st respondent directed the Corporation to pay an amount of Rs.37,033/- being the difference in the wages actually paid and the wages payable under the Act along with Rs.9,258/- as compensation. Since the Corporation failed to pay the amount ordered as per Ext. P4, the 1^st respondent issued Ext. P5 notice informing the petitioner that revenue recovery proceedings would be initiated if the amount specified in Ext. P4 was not paid within seven days. Challenging Exts.P4 and P5, this writ petition is filed.

5. According to the petitioner, there are 278 FL-1 outlets belonging to the Corporation operating in the State. It is contended that, as per Ext. P1 Government Order, which fixes the minimum wages for employees engaged in sweeping and cleaning in the State, Rs. 40/- is prescribed as the minimum wage for one hour of sweeping and cleaning work within the limits of Corporations and Municipalities. Likewise, Rs. 36/- is fixed as minimum wages for one hour of sweeping and cleaning work in respect of areas other than Corporations and Municipalities. The Board of Directors of the Corporation, by Ext. P2 decided that a maximum of one hour of service may be utilized for cleaning each shop, with wages fixed at Rs. 40/- in Municipalities and Corporations, and Rs. 36/- in Panchayats. Further, Ext. P3 circular dated 27.09.2014 was issued by the Corporation, stipulating that the d