Disposed

The Chairman, Petroleum Traders Welfare and Legal Service Society v. the Additional Chief Secretary to Government

Kerala HC1 Dec 2020WA/1570/2020

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed this Writ Appeal against an interlocutory order declining interim stay on a Minimum Wages notification. The Court observed the as the main writ petition was posted for final hearing and no authority to issue the notifications was challenged (Government not made a party), it would not interfere.

What did the court decide?

Liberty given to appellants to file a fresh writ petition in the light of the Annexure AII communication. Appeal disposed otherwise without prejudice to merits.

The Chairman, Petroleum Traders Welfare and… — Pension and Retirement Benefits | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

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THE HONOURABLE MR. JUSTICE K.HARIPAL

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TUESDAY, THE 01ST DAY OF DECEMBER 2020 / 10TH AGRAHAYANA, 1942

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WA.No.1570 OF 2020

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AGAINST THE ORDER IN I.A.No. 1/2020 in W.P.(C.)No. 6890/2020(I) OF HIGH COURT OF KERALA

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APPELLANTS/APPELLANTS IN W.P.(C.):

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1 THE CHAIRMAN, PETROLEUM TRADERS WELFARE AND LEGAL SERVICE SOCIETY PLAMOOTTIL HOUSE, TRINITY TOWERS ANNEX, CHATHANGATTU ROAD, PALARIVATTOM, ERNAKULAM DISTRICT-682025.

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2 PETROLEUM TRADERS WELFARE AND LEGAL SERVICE SOCIETY, PLAMOOTTIL HOUSE, TRINITY TOWERS ANNEX, CHATHANGATTU ROAD, PALARIVATTOM, ERNAKULAM DISTRICT-682025, REPRESENTED BY ITS GENERAL SECRETARY.

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BY ADVS. SRI.P.RAVINDRAN (SR.) SRI.GEORGE MECHERIL SRI.SREEDHAR RAVINDRAN

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RESPONDENTS/RESPONDENTS:

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1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, LABOUR AND SKILLS(E) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE MINIMUM WAGES ADVISORY COMMITTEE, IVTH FLOOR, LABOUR BHAVAN, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS SECRETARY.

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3 THE STATE LEVEL CO-ORDINATOR AND CHIEF GENERAL MANAGER, INDIAN OIL CORPORATION LIMITED, PANAMPALLY NAGAR, KOCHI, PIN-682020.

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WA.No.1570 OF 2020 2

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4 THE GENERAL SECRETARY, CITU, SANTHI NAGAR, PULIMOODU, THIRUVANANTHAPURAM-695001.

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5 THE GENERAL SECRETARY, INTUC, K. KARUNAKARA BHAVAN, TC 43/1027, MANAKKAD, THIRUVANANTHAPURAM-695009.

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6 THE GENERAL SECRETARY, B.M.S. MAZDOOR BHAVAN, THIRUVANANTHAPURAM-695002.

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R1 BY SMT. K.R. DEEPA, SR. GOVERNMENT PLEADER

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA.No.1570 OF 2020 3

JUDGMENT

Ravikumar, J.

This intra-court appeal is directed against the order dated 13.11.2020 in I.A. No. 1/2020 in W.P.(C.) No. 6890/2020. In the said interlocutory application, the petitioners have sought a direction to the respondent (Government) to consider Ext.P5 objection to Ext.P4 on merit before enforcing Ext.P8, pending disposal of the writ petition. Ext. P4 is a notification published in the Kerala Gazette Extra Ordinary No. 1921 (Vol. VIII) dated 22.08.2019 carrying a draft proposal for revision of the minimum rates of wages payable to the employees in petrol pumps in the State and calling for objection on it. Ext.P8 is the copy of SRO No. 130/2020 dated 07.02.2020 published in the Kerala Gazette extra ordinary dated 19.02.2020, revising the minimum wages. The writ petition has been filed contending that Ext. P8 was passed without considering Ext.P5 objection and without furnishing any reason for revision of wages. At the very outset, it is to be noted that though the interim prayer in

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WA.No.1570 OF 2020 4

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the I.A. is moulded in the aforesaid manner, the fact is that the Government is not made a party to the writ petition and needless to say that in the interlocutory application as well. It is also to be noted that in the appeal also Government is not a party. In other words, going by the interlocutory application, the direction is sought against a third party to the writ petition. Be that as it may, the fact is that the writ petition is filed seeking quashment of Exts.P8 and P10 on the ground that they were issued without any authority of law. The petitioners/appellants also seek a declaration that the State Government is not competent to revise the minimum rates of wages payable to the employees employed in the petrol pump sector in the State under the provisions of the Minimum Wages Act, 1948 after repealing the same under Section 69 of the Code on Wages Act, 2019. How can the petitioner challenge the competency of the State to revise the minimum rates of wages and sought such a declaration, as mentioned above, without making the State as a party to the writ petition ? We are not going to delve into the matter any further in view of the

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WA.No.1570 OF 2020 5

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nature of the order which we are proposing to pass in the appeal. Taking note of this fact that the State Government has already issued notification revising the minimum rates of wages in the sector concerned, the learned Single Judge observed that interim application needs to be decided only at the time of final hearing. Accordingly, the writ petition is ordered to be posted for final hearing in the first week of January, 2021. It is aggrieved by the disinclination to grant the interim relief as sought for and the action in posting the interlocutory application to be heard at the time of final hearing, that this appeal has been preferred.

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Heard the learned Senior counsel appearing for the appellants and the learned Government Pleader.

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As noticed hereinbefore, the prayer in the interlocutory application which culminated in the impugned order, is to direct the respondent/Government to consider Ext.P5 objection to Ext.P4 on merit before enforcing Ext.P8, pending disposal of the writ petition.

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The learned Senior counsel would submit that what

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persuaded the appellants to move appeal against the aforesaid interlocutory order is the issuance of Annexure AII dated 13.11.2020. In Annexure AII, it is stated that since the Code on Wages Act, 2019 has not come into force, the Minimum Wages Act, 1948 is applicable and the petrol pumps situated within the limits of the State would fall within the purview of the Minimum Wages Act, 1948. The learned Senior Counsel further submitted that the last paragraph of Annexure AII is the cause of concern for the appellants. It reads as follows:-

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"മമേൽ മേമിനമിമേമം മവേതന ഉത്തരവേമിനനതമിനര ബഹഹ: ഹഹമകക്കോടതമി മേഹമക്കോനകെ ഫയൽ നചെയയ്തമിടഹള്ള റമിടയ് നപെറമിഷനമിൽ മസ്റ്റേ നമില നമിൽകഹനഹനണ്ടെങമിൽ ആയതമിനന്റെ പെകെർപയ് ഈ കെക്കോര യ ക്കോലയത്തമിൽ ഒരക്കോഴയ്ചെകകെമം ഹക്കോജരക്കോമകണ്ടെതക്കോണയ്. അലയ്ലക്കോത്തപെകമം നമിയമേപെയ്രകെക്കോരമേഹള്ള തഹടർ നടപെടമികെൾ സയ്വേവീകെരമികഹനതക്കോനണനഹമം അറമിയമികഹനഹ.”

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Annexure AII carries a warning that further steps

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would be taken in case of failure to produce a valid interim stay order, if it exists, in accordance with the provisions under the Minimum Wages Act, 1948. The learned Senior counsel also submitted that since Annexure AII order was passed on 13.11.2020, the petitioners/appellants had no opportunity to

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produce the same in the writ petition. In the said circumstances, it is submitted that the implementation of Ext.P8 may be stayed in the light of Annexure AII.

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Per contra, the learned Government Pleader would submit that the learned Single Judge took note of the fact that the State Government had already issued notification fixing the minimum rate of wages to the employees employed in petrol pump sector in the State and the interim order was declined in the said circumstances. In such circumstances, merely because

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Annexure AII is passed on 13.11.2020, the petitioners/appellants are not entitled to get an order staying Ext.P8.

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Taking note of the entire circumstances, we are of

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the view that if we are going to consider the prayer, for staying Ext.P8, in the light of Annexure AII and the rival contentions, nothing would survive thereafter for further consideration in the writ petition. As noticed hereinbefore, the main prayer in the writ petition is for quashment of Exts.P8 and P10 on the ground that the Government has no authority to issue the same.

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In such circumstances, and especially taking note of the fact that the writ petition is already posted for final hearing in the first week of January, 2021, we are not inclined to interfere with the impugned order. However, we are of the view that liberty can be given to the appellants/writ petitioners to move fresh petition in the writ petition in the light of Annexure AII, if petitioners desire to do so. With liberty, this appeal stands disposed of. We make it clear that we did not make any observations touching the merits of the contentions.

Sd/-

C.T.RAVIKUMAR

JUDGE

Sd/-

K.HARIPAL

JUDGE

DCS/02.12.2020

WA.No.1570 OF 2020 9

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE INTERIM ORDER DATED 13/11/2020 IN IA NO.1/2020 IN WPC NO.6890/2020.

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ANNEXURE AII TRUE COPY OF THE COMMUNICATION DATED 13/11/2020 SENT BY THE DEPUTY LABOUR COMMISSIONER, KANNUR TO THE 2ND APPELLANT.

The Chairman, Petroleum Traders Welfare and Legal Service Society v. the Additional Chief Secretary to Government

Case brief

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The Chairman, Petroleum Traders Welfare and Legal Service Society v. the Additional Chief Secretary to Government

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