IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 25^TH DAY OF MAY 2023 / 4TH JYAISHTA, 1945 WP(C) NO. 26817 OF 2013 AGAINST THE ORDER/JUDGMENTCP 27/2011 OF LABOUR COURT, ERNAKULAM PETITIONER/S:

M/S.CITY HOSPITAL PVT LTD, MG ROAD, ERNAKULAM KOCHI-682 035, REPRESENTED BY ITS MANAGING DIRECTOR,DR.ZIA MYDIN, S/O.M.MYDEEN KUNJU, AGED 44 YEARS,RESIDING AT 41/960, PULLEPADY ROAD, COCHIN - 682

018.

BY ADVS.

SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI RESPONDENT/S:

USHA STANLY, VALAVANTHARA HOUSE, KUMBALANGI P.O ERNAKULAM DISTRICT, PIN - 682 007.

BY ADVS.

SRI.T.S.ABDUL KHADER SRI.PAULSON C.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

30.03.2023, ALONG WITH WP(C).26790/2013, THE COURT ON 25.5.2023 DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 25^TH DAY OF MAY 2023 / 4TH JYAISHTA, 1945 WP(C) NO. 26790 OF 2013 AGAINST THE ORDER/JUDGMENTCP 26/2011 OF LABOUR COURT, ERNAKULAM PETITIONER/S:

M/S.CITY HOSPITAL PVT LTD M.G.ROAD, ERNAKULAM, KOCHI-682 035, REPRESENTED IN ITS MANAGING DIRECTOR, DR.ZIA MYDIN, S/O. M.MYDEEN KUNJU, RESIDING AT 41/96O, PULLEPADY ROAD, KOCHI-

682 018. BY ADVS.

SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI RESPONDENT/S: MARIA MARGRET POOTHARA HOUSE, THEKKEVALAM, EDAYAKUNNAM, ERNAKULAM DISTRICT-682 027.

BY ADVS.

SRI.T.S.ABDUL KHADER SRI.PAULSON C.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2023, ALONG WITH WP(C).26817/2013, THE COURT ON

25.5.2023 DELIVERED THE FOLLOWING:

JUDGMENT

This order of mine shall dispose off two writ petitions WP(c) No. 26790 of 2013 and WP(c) No. 26817 of 2013 preferred by common petitioner M/s.City Hospital Pvt. Ltd. against party respondents who were employees of the petitioner hospital and have retired on 05.08.2011 after attaining the age of superannuation, hereinafter called as first writ petition and second writ petition. The petitioner hospital has approached this honourable court assailing the common order dated 29.07.2013 of Labour court Ernakulam in claim petition No. 26 of 2011 and claim petition No. 27 of 2011 filed by the party respondents seeking arrears of minimum wages, leave wages and bonus due from the petitioner under section 33C (2) of the Industrial Disputes Act.

2. Facts in brief of the first writ petition WP(c) No. 26790 of 2013, is that the respondent Maria Margret, an employee of the petitioner hospital, who joined the service as a clerk on 15.1.1977 and retired from service on 05.08.2011, after attaining the age of superannuation filed a claim petition no. 26 of 2011 Ext.P1 dated 24.11.2011 before the Labour Court, Ernakulam alleging non payment of wages as per the G.O No: SRO

511/2000/LBR, though the petitioner was a super speciality hospital with more than 300 bed facility, as per the notification No: G.O(MS)174/2009/LBR dated 16.12.2009 the respondent was not allowed to avail the statutory benefits such as 12 casual leave, 12 annual leave, 12 sick leaves, bonus of 8.33% minimum wages and restricted her claim for a period of 5 years i.e., from

2006 to 2011.

3. Facts in brief of the second writ petition WP(c) No.

26817 of 2013, is that the respondent Usha Stanley, an employee of the petitioner hospital, joined the service, as a clerk on 01.12.1979 and retired from service on 05.08.2011, after attaining the age of superannuation, filed a claim petition no. 27 of 2011 Ext.P1 dated 25.11.2011 before the Labour Court, Ernakulam alleging non payment of wages as per the G.O No: SRO 511/2000/LBR and petitioner being a super speciality hospital with more than 300 bed facility, as per the notification No: G.O(MS)174/2009/LBR dated 16.12.2009 did not allow respondent to avail the statutory benefits such as 12 casual leave, 12 annual leave, 12 sick leaves, bonus of 8.33%, minimum wages and was restricted her claim for a period of 5 years i.e., from 2006 to 2011.

4. The said claim petitions were commonly objected by t