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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE MURALI PURUSHOTHAMAN, J
Kerala State Beverages (M&M) Corporation Ltd. – Appellant
Versus
Deputy Labour Commissioner, Kannur – Respondent
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 1st 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 3rd respondent, a cleaning staff employed in FL-1 shop of the Corporation.
2. The Assistant Labour Officer, the 2nd respondent Inspector notified under section 19 of the Act preferred a claim under section 20 before the 1st respondent claiming that the 3rd respondent was not paid minimum wages for the period from November 2014 to April 2015 and that she is entitled to an amount of Rs. 38,307/- as arrears of minimum wages. As per the claim petition, the 3rd respondent had worked for more than 8 hours in a day during the said period and is entitled for minimum wages. In support of the claim, the 2nd respondent produced the inspection report and claim statement.
3. The Corporation filed a written statement stating that there is no sanc
The Minimum Wages Act applies to all workers in scheduled employment, ensuring fair wages regardless of employment status.
Minimum wage laws apply to temporary workers, and employers must prove actual hours worked; factual findings by labor authorities are binding in judicial review.
The Minimum Wages Act applies to all employees in scheduled employment, and employers must prove compliance with wage laws.
Disputed questions of fact related to wage payments cannot be resolved under Article 226 of the Constitution.
Minimum wages must comply with statutory notifications, and equal pay principles apply to all employees regardless of contract terms.
Payment fulfillment under the Minimum Wages Act negates grounds for further litigation.
Disputed issues regarding minimum wages under the Minimum Wages Act, 1948 require adjudication by the competent authority to enable effective judicial review.
The Minimum Wages Act applies to scheduled employment in banks, but notifications for minimum wages applicable to shops do not extend to banks.
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