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1996 Supreme(Ker) 60

P.SHANMUGAM
Association of Planters of Kerala – Appellant
Versus
State – Respondent


Judgment :-

P. Shanmugam, J.

The Association of Planters of Kerala and a member of the said Association have filed the Original Petition seeking for a direction to direct the respondent to withdraw Ext. P2 notification dt.19.11.1995. The said notification is a draft preliminary notification issued under CI, (b) of sub S.(1) of S.5 of the Minimum Wages Act, 1948 (for short 'the act). The petitioners have also prayed for a writ of prohibition to prohibit the Slate Govt. from taking any further steps pursuant to the said notification.

2. The facts of the case briefly stated are as follows: The Govt. of Kerala issued a draft preliminary notification containing proposals regarding the revision of minimum wages payable to the classes of employees employed in Tea, Rubber, Coffee and Cardamom' plantations in the State with effect from 1.4.1995. It is stated that approximately four lakhs of employees employed in various plantations in Kerala, The last wage revision was made in the year 1988. As per S.3 of the Act, the appropriate Govt. is required to review the minimum rates of wages at intervals not exceeding five years. Hence, a proposal in the form of draft preliminary notification dt.18.1


























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