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2024 Supreme(Online)(KER) 34736

HIGH COURT OF KERALA
N. NAGARESH, J
SACRED HEART GENERAL HOSPITAL – Appellant
Versus
DEPUTY LABOUR COMMISSIONER KOLLAM AUTHORITY UNDER MINIMUM WAGES ACT 1948 – Respondent


Advocates:
PAUL JACOB (P), SHERU JOSEPH MATHEW, THOMAS NIKITTA, TRESSY GEORGE, DIPAK CHERIAN ABRAHAM, SHRI.ASOK M.CHERIAN, SABEENA P. ISMAIL

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

The petitioner states that it is a non-profit oriented charitable institution. The petitioner is a Hospital. On 13.12.2011, the 2nd respondent-Assistant Labour Officer conducted an inspection. Pursuant to the inspection, Ext.P1 inspection note was drawn. Thereafter, Ext.P2 show-cause notice dated 06.02.2012 was issued stating that certain employees of the petitioner were not paid minimum wages and that the petitioner should produce documents before 13.02.2012 after giving minimum wages fixed by the Government failing which proceedings including claim petition and prosecution will be initiated.

2. Ext.P2 show-cause notice was followed by Ext.P3 show-cause notice dated 05.05.2012 which alleged that the petitioner has failed to maintain service records in respect of all the employees, that the petitioner failed to maintain wage register in respect of all the employees and failed to pay minimum wages to its employees as detailed in Annexure-I.

3. The petitioner submitted Ext.P4 reply dated 15.05.2012. However, the 2nd respondent preferred Ext.P5 application before the 1st respondent-Minimum Wages Authority seeking a direction to the petitioner for payment

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