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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Gopinath P., J
A.N. Mohan, President, All Kerala Chemists and Druggists Association – Appellant
Versus
The State of Kerala – Respondent
| Table of Content |
|---|
| 1. challenge to the government notification regarding wage fixation under the minimum wages act. (Para 1 , 2) |
| 2. arguments about representation and committee procedures. (Para 3 , 4) |
| 3. court's reasoning on the validity of the issued notification. (Para 5 , 6) |
JUDGMENT
The petitioner claims to be the President of the Kerala Chemists and Druggists Association. The petitioner is before this court challenging Ext.P1 notification issued by the Government of Kerala in terms of the provisions contained in sub-section (1) of Section 3 of the Minimum Wages Act, 1948 (hereinafter referred to as the 1948 Act) read with the provisions of Section 5 (2) of the 1948 Act, prescribing minimum wages for different categories of employees employed in medical shops in the State of Kerala.
2. The learned counsel appearing for the petitioner submits that Ext.P1 notification cannot be sustained in law. It is submitted that, under the provisions of sub-section (3) of Section 3 of the 1948 Act, while issuing notification under sub-section (1) of of the 1948 Act, the Government should have regard to the matters set out in Sub-section (3) of of the 1948 Act and should prescribe different rates
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