W.P.(MD)No.333 of 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON:

15.03.2021

DELIVERED ON:

24.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH

W.P.(MD)No.333 of 2020

and W.M.P.(MD) Nos.11618, 250 & 252 of 2020

(Through Video Conference)

Association of Heathcare ProvidersIndia,

Tamil Nadu Chapter,

Rep. By its Joint Secretary of T.N.Chapter,

J.Adel

... Petitioner

Vs.

1) The State of Tamil Nadu,

Rep., by its Principal Secretary to Government,

Labour and Employment Department,

Fort St.George,

Chennai 600 009

2) The State of Tamil Nadu,

Rep. By the Principal Secretary to Government,

Health and Family Welfare Department,

Fort St.George, Chennai 600 009

3) The State of Tamil Nadu,

Rep. By the Project Director,

Tamil Nadu Health Systems Project,

Teynampet, Chennai 600 018.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of

India to issue a Writ of Mandamus, directing the respondents to

include the petitioner Association and costing accountant in the

Committee formed under G.O.Ms.No.116 dated 16.07.2019, Labour and

Employment (J2) Department and to arrive at a decision after doing

costing of medical procedures, till such time, no coercive action

should be taken against AHPI member hospitals by stopping CMCHIS

scheme within a time to be stipulated by this Court.

For Petitioner : Mr.S.Venkatesh

For Respondents

: Mrs.J.Padmavathi Devi,

Special Government Pleader.

******

O R D E R

The brief facts of the case are as follows:-

1.1. The petitioner herein, is an Association of Healthcare

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https://hcservices.ecourts.gov.in/hcservices/

W.P.(MD)No.333 of 2020

Providers, providing various healthcare services in the State of

Tamil Nadu. The members of the Association are such Hospitals, that

provide healthcare services.

1.2. The employment in “Hospitals and Nursing Homes [other than

Government and Employees State Insurance (E.S.I.) Hospitals and

Dispensaries]”, is a scheduled employment under the Minimum Wages

Act, 1948 (hereinafter referred to as the 'Act') and the

Committees, Sub-Committees and Advisory Board constituted under the

Act advices the State Government for fixation / revision of the

minimum rates of wages to the employees in Hospitals and Nursing

Homes, that provide these healthcare services, among other

employments. The petitioner herein, is aggrieved against their non-

inclusion as a member of such Committee and hence, the present writ

petition.

2. The learned counsel for the petitioner would submit that,

the last Committee for revision of minimum rates of wages for the

employment in Hospitals and Nursing Homes, was constituted under

G.O.Ms.No.116, Labour and Employment (J2) Department, dated

16.07.2019 and out of the six members nominated therein, five

representatives of the Employers were unilaterally selected from the

same Association and the Employees were represented by 6 different

Unions and hence, there is no representation from the Healthcare

Services sector. He further submitted that there was no

representation of independent members also, as required under the

Act.

3. Mrs.J.Padmavathi Devi, learned Special Government Pleader

would submit that G.O.Ms.No.116, Labour and Employment (J2)

Department, dated 16.07.2019 was initially valid for a period of six

months and subsequently extended till nine months and ultimately,

the Committee itself had lapsed and therefore, the Committee would

be re-constituted shortly, in accordance with the

provisions of the Act.

4. Before addresing the facts involved in the present case, it

would be appropriate to refer to the provisions and procedures for

formation of such a Committee, for revision of minimum rates of

wages for the employment in Hospitals and Nursing Homes under the

Act.

4.1. While Section 3(1)(a) of the Act prov