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2026 Supreme(Online)(Ker) 10151

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
STAR HEALTH AND ALLIED INSURANCE COMPANY LIMITED – Appellant
Versus
STATE OF KERALA – Respondent
WA NO. 1222 OF 2025| WP(C) NO.6617 OF 2021



Advocates:
For the Appellants/Petitioners: SRI.P.RAMAKRISHNAN
For the Respondents:GOVERNMENT PLEADER ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL SMT.SABEENA P. ISMAIL

The legality of setting minimum wages for insurance agents is contingent on the Supreme Court's pending review of prior court decisions.

Headnote:This Writ Appeal, filed under Section 5 of the Kerala High Court Act, 1958, challenges the dismissal of the underlying Writ Petition concerning the fixation of minimum wages for insurance agents. The notification has already been set aside by a Division Bench of this Court, and participation in the ongoing SLP before the Supreme Court is acknowledged. The Court concludes that there is no matter left for consideration in this Writ Appeal. The core issues addressed revolve around the authority for minimum wage fixation for insurance agents and the effect of an earlier Court ruling on pending matters. The reasoning highlights that the notification's annulment negates the need for further consideration. Thus, the Writ Appeal is disposed of while preserving all contentions for future resolution contingent on the Supreme Court proceedings.

Table of Content
1. dismissal of writ petition regarding minimum wages. (Para 1 , 2)
2. ongoing slp affects current appeal status. (Para 3)
3. appeal disposed due to prior ruling. (Para 4)

JUDGMENT SUSHRUT ARVIND DHARMADHIKARI, J The present Writ Appeal filed under Section 5 of the Kerala High Court Act , 1958 assails the judgment dated 20.03.2025 passed in WP(C) No. 6617/2021 whereby the Writ Petition filed by the filed by the appellant was dismissed.

2. In the Writ Petition, the following prayer was made.

“a) Issue a writ of certiorari or any other appropriate writ or order quashing and setting aside Exhibit P-6 to the extent it provides for fixation of minimum wages for insurance agents.

b) Hold that the fixation of minimum wages as per Exhibit P-6 in respect of insurance agents employed in Insurance business is without authority and therefore unsustainable.

c) Issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case.”

3. The learned counsel for the appellant as well as the respondents have pointed out that the notification under challenge has already been set aside by the Division Bench of this Court in WA No.1609/2025 vide order dated 18.12.2025 and SLP is pending before the Supreme Court, wherein the draft intimation filed by the petitioner as well as the 1st respondent/Government is under challenge.

4. In view of the aforesaid submissions made by the learned counsel of both the parties, nothing survives for consideration in this Writ Appeal since the notification itself has already been set aside.

Accordingly, this Writ Appeal is disposed of leaving open all the contentions raised by the appellant in this Writ Appeal subject to the final outcome of the SLP as well as SLP to be preferred against the judgment passed in WA No.1609/2025 .

sd/-

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