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2019 Supreme(Online)(KER) 74765

HIGH COURT OF KERALA
K VINOD CHANDRAN, V. G. Arun, JJ
KERALA NON BANKING FINANCE COMPANIES WELFARE ASSOCIATION – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.P.RAMAKRISHNAN, SRI.C.ANIL KUMAR, SMT.ASHA K.SHENOY, SRI.T.C.KRISHNA, SMT.PREETHI RAMAKRISHNAN, SRI.PRATAP ABRAHAM VARGHESE, SRI.K.V.SOHAN, R.RAMADAS, SRI.S.KRISHNA MOORTHY

JUDGMENT

K. Vinod Chandran, J.

The writ petition impugn Ext.P7 order, rejecting the objections filed by the petitioner against the proposal made by Ext.P3 notification dated 28.07.2016, fixing the minimum wages of employees in private financial institutions, whom the petitioner Association represents. Though a final notification under Section 5 (2) of the Minimum Wages Act, 1948 [for brevity, 'the M.W. Act'] has not been issued, it would be automatic, if the order of rejection is upheld by this Court. We observe so to make it clear that there could be no further challenge against the notification as such, especially since the Government, by the rejection, decided to accept the proposal brought out by Ext.P3 notification; the challenge against which is considered by us here. Ordinarily after consideration of representations, the final notification is brought out. Here an order was necessitated since a consideration of the objections was directed by this Court.

2. Sri.P.Ramakrishnan, ably argued for the petitioner, who was supported by Sri.Ramdas appearing for the addl. 3rd respondent, who got impleaded on their own accord. Sri.K.V. Sohan, State Attorney, put forth contentions for the

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