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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM
Korambayil Hospital & Diagnostics Centre (P) Ltd., Represented By Managing Director Dr. K. Mohamed Ali, S/o. Korambayil Ahamed Haji – Appellant
Versus
State of Kerala, Represented By The Secretary To Government, Labour Department, Government Secretariat – Respondent
| Table of Content |
|---|
| 1. challenge to wage order concerning hospital employees. (Para 2 , 3 , 4) |
| 2. arguments on applicable wage notifications. (Para 5 , 6) |
| 3. court's definition of employment and wage applicability. (Para 7 , 8) |
| 4. rejection of review petition and dismissal of writ. (Para 9) |
JUDGMENT :
Petitioners have approached this Court challenging Ext.P8 order whereby the petitioners were directed to pay the minimum wages to the employees of the 1st petitioner hospital engaged through the 2nd petitioner.
3. The specific case of the petitioners is that since sweeping and cleaning category is not included in Ext.P4, the notification applicable to the petitioners is Ext.P3 and that they are paying wages more than what is stipulated in Ext.P3. While so the Assistant Labour Officer, Malappuram inspected the premises and registered Minimum Wages Application No.29/2017 before the 2nd respondent. The 1st petitioner submitted Ext.P5 counter statement and the 2nd petitioner has also submitted Ext.P6 counter statement and also Ext.P7 additional counter statement. Without considering any of the contentions raised by the petitioners, by Ext.P8 order the 2nd respondent directed the petitioners to pay
Minimum wages must comply with statutory notifications, and equal pay principles apply to all employees regardless of contract terms.
The Minimum Wages Act applies to all workers in scheduled employment, ensuring fair wages regardless of employment status.
The Minimum Wages Act applies to all employees in scheduled employment, and employers must prove compliance with wage laws.
Minimum wage laws apply to temporary workers, and employers must prove actual hours worked; factual findings by labor authorities are binding in judicial review.
Disputed questions of fact related to wage payments cannot be resolved under Article 226 of the Constitution.
Payment fulfillment under the Minimum Wages Act negates grounds for further litigation.
Equal pay for equal work under Article 39(d) of the Constitution mandates that similarly situated employees must receive the same remuneration, and arbitrary denial violates principles of natural jus....
The right to minimum wages under the Minimum Wages Act is fundamental for dignity, and full-time workers cannot be denied this right based on part-time classification.
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