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2023 Supreme(Online)(KER) 4284

HIGH COURT OF KERALA
AMIT RAWAL, J
KERALA PRIVATE HOSPITAL ASSOCIATION – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.P.S.BIJU, SRI.K.V.SOHAN, SRI.K.ARJUN VENUGOPAL, DR.S.GOPAKUMARAN NAIR, SMT.V.A.HARITHA, SRI.R.NANDAGOPAL, SRI.SOORAJ T.ELENJICKAL, SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL

JUDGMENT

The petitioners in the writ petitions numbered WP(C) No. 24067/2018, 19105/2018, 23406/2018, 15198/2018, 25109/2018, 15243/2018, 15074/2018, 14778/2018, 15059/2018, are various private hospitals across the State of Kerala and various Associations of Healthcare Providers, Qualified Medical Practitioners, Advanced Speciality Healthcare Institutions, Kerala Private Hospitals, Kerala State United Nurses Association have approached this Court assailing the notification dated 23.04.2018 promulgated by the State Government of Kerala G.O.(P) No. 33/2018/LBR revising the 'Minimum Rates of Wages' payable to the employees in the private hospital sectors.

2. The contention of the petitioners is that the impugned notification revising the minimum rates of wages payable to the employees in the private hospital sectors is indeed arbitrary and irrational, for it was revised without following the procedure prescribed in the Minimum Wages Act, 1948 (hereinafter referred to as 'the Act' ). The scheme of the Act does not envisage an automatic increase every five years. Section 3 of the mandates a review of minimum rates of wages at such intervals not exceeding five years by the Government. Hos

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