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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 :
(VIJU ABRAHAM, J.)
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.
2. The 1st petitioner is a private hospital and the 2nd petitioner is a facility management company involved in providing housekeeping(Cleaning/Sweeping) staff for various establishments on a contract basis. Ext.P1 agreement was executed between the 1st and 2nd petitioners to provide sufficient staff to the 1st petitioner for cleaning/sweeping, during the agreement period. The 2nd petitioner company is an establishment registered under the Kerala Shops and Commercial Establishments Act, 1960. Petitioners rely on Ext.P3, minimum wage notification issued by the Government wherein the daily wages for sweeping and cleaning in Municipality and Corporation areas for 8 hours w
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 cannot be adjudicated by this Court under Article 226 of the Constitution of India.
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....
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