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2023 Supreme(Online)(Ker) 47932

IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, J
NARAYANA KAMMATH – Appellant
Versus
THE DEPUTY LABOUR COMMISSIONER AUTHORITY UNDER MINIMUM WAGES ACT 1948 – Respondent


Advocates:
For the Appellants/Petitioners: VINOD SINGH, CHERIYAN, T.M. KHALID, K.P. SUSMITHA, DHEERAJ P.P.
For the Respondents: ASHOK.M.CHERIAN, SMT.SABEENA P ISMAIL

Table of Content
1. challenge to the order under minimum wages act. (Para 1 , 2 , 3)
2. arguments regarding the legality of complaint filing. (Para 4)
3. court's clarification on jurisdiction and dismissal of writ petition. (Para 5 , 6)

JUDGMENT

Order dated 28.09.2021 of the Authority under the Minimum Wages Act / Deputy Labour Commissioner, Kozhikode, whereby the application of the petitioner qua maintainability of the complaint preferred under Section 20 (2) of the Ext.P2 has been rejected, is under challenge in the present writ petition.

2. Inspector, appointed under Section 19(2) of the Minimum Wages Act pursuance to the order of the Government dated 13.06.1997, on the basis of the inspection conducted on 05.08.2017 of the petitioner a private limited company running a business of retail showroom in textiles and garments, preferred a complaint bearing No.133 of 2017 before the authority appointed under the , on account of not having paid the overtime wages to the employees and unsatisfactory reply in pursuance of the show cause notice. In response to the receipt of the notice of the aforementioned complaint, petitioner appeared and preferred an application for rejection of the co

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