Partly allowed

Joyalukkas India (P) Ltd. v. State of Kerala

Kerala HC23 Jan 2020WA/760/2019

Case brief

AI extract

What is this about?

Mandatory bank-account payment of minimum wages was declared ultra vires, while electronic wage-register uploads and advance wage slips were upheld. The court partly allowed the appeals and petitions, granted three months for compliance, and protected voluntary bank payments with employee consent from prosecution solely for violating the cash-payment requirement.

What did the court decide?

Rule 21A(2) declared ultra vires; three months granted to commence Form XIV uploads; bank-account details optional; voluntary bank payments protected from penalty solely under Section 11(1).

Joyalukkas India (P) Ltd. Vs State of Kerala — Labour and Industrial Disputes | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4

¶5

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶7

WA.No.979 OF 2018

¶8

AGAINST THE ORDER/JUDGMENT IN WPC 25590/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶9

APPELLANT/S:

¶10

TATA CONSULTANCY SERVICES LIMITED

¶11

TCS CENTRE,K XEZ UNIT, INFOPARK P.O, KOCHI-682 242. REPRESENTED BY ITS ASST. GENERAL MANAGER-HR MR. BOBAN VARGHESE THOMAS.

¶12

BY ADVS.

¶13

SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶14

RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶16

2 ASSISTANT LABOUR OFFICER

¶17

KANNUR FIRST CIRCLE,2ND FLOOR, CHANDOOTH COMPLEX,NETAJI ROAD, KANNUR-670 001.

¶18

3 ASSISTANT LABOUR OFFICER ALAPPUZHA FIRST CIRCLE, OFFICE OF THE DIST. LABOUR OFFICER, SAS COMPLEX, THONDANKULANGARA, ALAPUZHA-688 013.

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4 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI- 110 001.

¶20

R1 TO R3 BY SRI.K.V.SOHAN, STATE ATTORNEY R4 BY ASSISTANT SOLICITOR GENERAL SRI.P.VIJAYAKUMAR R4 BY CGC SRI.V.R.RAKESH (SERVED ON)

¶21

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.978/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶22

W.A.979 of 2018 & - 2 - connected cases.

¶23

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶24

PRESENT

¶25

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶26

¶27

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶28

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶29

WA.No.978 OF 2018

¶30

AGAINST THE ORDER/JUDGMENT IN WPC 40607/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶31

APPELLANT/S:

¶32

1 M/S.NEW SANROS AYURVEDIC PVT. LTD. 8/27-G, PALAKKATTU BUILDING,KESAVANPADI, NATIONAL HIGHWAY 49,TRIPUNITHURA, ERNAULAMM-682035, REPRESENTED BY ITS MANAGING DIRECTOR

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SRI. SREEKANTH PRASAD.

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2 SREEKANTH PRASAD, AGED 32 YEARS, S/O. K. PRASAD, RESIDING AT SREEBHAVAN, THEKKUMBAGAM, THRIPUNITHURA - 682 301.

¶35

BY ADV. SRI.NAVOD PRASANNAN PATTALI

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001

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2 ASSISTANT LABOUR OFFICER ERNAKUAM IST CIRCLE, CIVIL STATION, KAKKANAD, KOCHI-682030.

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3 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI-110 001.

¶40

R1-R2 BY SRI.K.V.SOHAN, STATE ATTORNEY R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R3 BY ADV. SRI.RAJAGOPALAN.A., CGC

¶41

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶42

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¶43

W.A.979 of 2018 & connected cases.

¶44

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶45

PRESENT

¶46

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶47

¶48

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶49

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶50

W.A.No.980 OF 2018

¶51

AGAINST THE ORDER/JUDGMENT IN WPC 154/2018 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶52

APPELLANT/S:

¶53

1 RAK KITCHEN & BEDROOMS AND ANR 7/383, DARSSULAM ROAD, ERNAKULAM - 682 002. REPRESENTED BY ITS MANAGING PARTNER THASLEEK V.A

¶54

2 THASLEEK V A., AGED 28 YEARS, S/O. MOHD ASHRAF, RESIDING AT B3,KORMAC BUILDERS, M.K RAGHAVAN ROAD,

¶55

ERNAKULAM - 682 002.

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BY ADV. SRI.NAVOD PRASANNAN PATTALI

¶57

RESPONDENT/S:

¶58

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶59

2 ASSISTANT LABOUR OFFICER ERNAKULAM 2ND CIRCLE, CIVIL STATION, KAKKANAD, KOCHI - 682 030.

¶60

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶61

R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R3 BY ADV. SRI.DINESH R.SHENOY, CGC

¶62

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

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¶64

W.A.979 of 2018 & connected cases.

¶65

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶66

PRESENT

¶67

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶68

¶69

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶70

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶71

WA.No.981 OF 2018

¶72

AGAINST THE ORDER/JUDGMENT IN WPC 37531/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶73

APPELLANT/S:

¶74

JERRY'S COLOURZONE 41/2748, PARAMARA ROAD, KOCHI - 682 018, REPRESENTED BY ITS PROPRIETOR SRI.GERARD T.C.

¶75

BY ADV. SRI.NAVOD PRASANNAN PATTALI

¶76

RESPONDENT/S:

¶77

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶78

2 ASSISTANT LABOUR OFFICER ERNAKULAM 2ND CIRCLE CIVIL STATION, KAKKANAD, KOCHI-682 030.

¶79

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110 001.

¶80

R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ADV. SRI.M.N.MANMADAN, CGC

¶81

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶82

- 5 -

¶83

W.A.979 of 2018 & connected cases.

¶84

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶85

PRESENT

¶86

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶87

¶88

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶89

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶90

WA.No.982 OF 2018

¶91

AGAINST THE ORDER/JUDGMENT IN WPC 23165/2017 OF HIGH COURT OF KERALA

¶92

APPELLANT/S:

¶93

1 RAPIDVALUE IT SERVICES PRIVAT LTD. 3C,3RD FLOOR,PHASE-2,CARINIVAL INFOPARK,KAKKANAD,KOCHI-682042, REPRESENTED BY ITS DIRECTOR SRI RINISH KUNHIRAMAN NALINI.

¶94

2 RINISH KUNHIRAMAN NALINI, AGED 38 YEARS S/O. KUNHIRAMAN PONNARI, RESIDING AT NEEMATI, THIKKODI P.O., KOZHIKODE - 673 529.

¶95

BY ADV. SRI.NAVOD PRASANNAN PATTALI

¶96

RESPONDENT/S:

¶97

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

¶98

2 ASSISTANT LABOUR OFFICER ERNAKULAM 1ST CIRCLE, CIVIL STATION, KAKKANAD, KOCHI-682030.

¶99

3 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶100

R1-R2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ADV. ASSISTANT SOLICITOR GENERAL(BY ORDER)

¶101

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶102

- 6 -

¶103

W.A.979 of 2018 & connected cases.

¶104

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶105

PRESENT

¶106

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶107

¶108

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶109

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶110

WA.No.983 OF 2018

¶111

AGAINST THE ORDER/JUDGMENT IN WPC 155/2018 OF HIGH COURT OF KERALA

¶112

APPELLANT/S:

¶113

1 RAK INTERIORS

¶114

7/379, DARSSULAM ROAD, ERNAKULAM-682002, REPRESENTED BY ITS PARTNER SRI. HASLEEK V.A.

¶115

2 THASLEEK V.A., AGED 38 YEARS, S/O. MOHD ASHRAF, RESIDING AT B3, KORMAC BUILDERS, M.K.RAGHAVAN ROAD, ERNAKULAM-682002.

¶116

BY ADV. SRI.NAVOD PRASANNAN PATTALI

¶117

RESPONDENT/S:

¶118

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶119

2 ASSISTANT LABOUR OFFICER ERNAKULAM 2ND CIRLCE CIVIL STATION, KAKKANAD, KOCHI-682030.

¶120

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110001.

¶121

R1-R2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ADV. SRI.T.V.VINU, CGC

¶122

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶123

W.A.979 of 2018 & - 7 - connected cases.

¶124

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶125

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶126

¶127

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶128

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶129

WA.No.984 OF 2018

¶130

AGAINST THE ORDER/JUDGMENT IN WPC 33979/2017 OF HIGH COURT OF KERALA

¶131

APPELLANT/S:

¶132

1 D/S. DATAMATE INFOSOLUTIONS PLOT NO.16 A,IT PARK,CSEZ KAKKANAD, ERNAKULAM, KERALA-680037,

¶133

REPRESENTED BY ITS MANAGING DIRECTOR SRI JOBI JOHN.

¶134

2 JOBI JOHN AGED 49 YEARS,S/O V T JOHN,

¶135

RESIDING AT F3,K S MANSION, AZHAKANTHARA LANE, KALOOR, KOCHI-17.

¶136

BY ADV. SRI.NAVOD PRASANNAN PATTALI

¶137

RESPONDENT/S:

¶138

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

¶139

2 ASSISTANT LABOUR OFFICER ERNAKULAM 1ST CIRCLE,CIVIL STATION, KAKKANAD,KOCHI-682030.

¶140

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOIUR,NEW DELHI-110001.

¶141

R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY

¶142

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶143

- 8 -

¶144

W.A.979 of 2018 & connected cases.

¶145

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶146

PRESENT

¶147

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶148

¶149

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶150

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶151

WA.No.985 OF 2018

¶152

AGAINST THE ORDER/JUDGMENT IN WPC 4387/2018 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶153

APPELLANT/S:

¶154

1 EVM MOTORS & VEHICLE INDIA PRIVATE LIMITED H/4C, N.H.BYPASS, OPP.BTH SAROVARAM, KANNADIKADU, MARADU.P.O.,ERNAKULAM - 682 304, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.SABU JOHNY.

¶155

2 SABU JOHNY AGED 48 YEARS S/O.JOHNY MATHEW, RESIDING AT FLAT NO.3D, ORCHID COURT APARTMENTS,PANCHAVADI, VYTILLA.P.O.,ERNAKULAM - 682 019.

¶156

BY ADV. SRI.NAVOD PRASANNAN PATTALI.

¶157

RESPONDENT/S:

¶158

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶159

2 ASSISTANT LABOUR OFFICER ERNAKULAM 1ST CIRCLE,CIVIL STATION, KAKKANAD, KOCHI - 682 030.

¶160

3 ASSISTANT LABOUR OFFICER ALAPPUZHA 4TH CIRCLE, CHERTHALA, KODATHIKAVALA, CHERTHALA,KERALA - 688 524.

¶161

- 9 -

¶162

W.A.979 of 2018 & connected cases.

¶163

4 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110 001.

¶164

R1-R3 BY SRI.K.V.SOHAN, STATE ATTORNEY R4 BY ADV. ASSISTANT SOLICITOR GENERAL (BY ORDER)

¶165

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶166

W.A.979 of 2018 & - 10 - connected cases.

¶167

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶168

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶169

¶170

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶171

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶172

WA.No.986 OF 2018

¶173

AGAINST THE ORDER/JUDGMENT IN WPC 5019/2018 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶174

APPELLANT/S:

¶175

1 STERLING PRINT HOUSE PVT. LTD. 50/225,MANIMALA ROAD,EDAPALLY, ERNAKULAM-682024, REPRESENTED BY ITS DIRECTOR SRI.G.VENUGOPAL.

¶176

2 G.VENUGOPAL, AGED 48 YEARS, S/O VASUDEVAN GOVINDAN KUTTY NAIR, RESIDING AT VARSHA,NICE COMPLEX, MANIMALA ROAD,EDAPALLY,ERNAKULAM-682024.

¶177

BY ADV. SRI.NAVOD PRASANNAN PATTALI

¶178

RESPONDENT/S:

¶179

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

¶180

2 ASSISTANT LABOUR OFFICER ERNAKULAM 1ST CIRCLE,CIVIL STATION,KAKKANAD, KOCHI-682030.

¶181

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI-110001.

¶182

R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ADV. ASSISTANT SOLICITOR GENERAL (BY ORDER)

¶183

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶184

W.A.979 of 2018 & - 11 - connected cases.

¶185

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶186

PRESENT

¶187

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶188

¶189

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶190

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶191

WA.No.987 OF 2018

¶192

AGAINST THE ORDER/JUDGMENT IN WPC 10287/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶193

APPELLANT/S:

¶194

1 M/S.ZOFTSOLUTIONS PRIVATE LIMITED THEJUS KARTHIKA BUILDING, OPP.COCHIN SPECIAL ECONOMIC ZONE,KAKKANAD, KOCHI-682037,

¶195

REPRESENTED BY ITS MANAGING DIRECTOR DILIP RAMACHANDRAN.

¶196

2 DILIP RAMACHANDRAN, AGED 37 YEARS S/O. G. RAMACHANDRAN PILLAI, RESIDING AT THEJUS KARTHIKA BUILIDING, OPPOSITE COCHIN SPECIAL ECONOMIC ZONE, KAKKANAD, KOCHI - 682 037.

¶197

BY ADV. SRI.NAVOD PRASANNAN PATTALI

¶198

RESPONDENT/S:

¶199

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPRUAM-695001.

¶200

2 ASSISTANT LABOUR OFFICER ERNAKULAM 1ST CIRCLE,CIVIL STATION, KAKKANAD,KOCHI - 682030.

¶201

3 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶202

R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ADV. ASSISTANT SOLICITOR GENERAL (BY ORDER)

¶203

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶204

- 12 -

¶205

W.A.979 of 2018 & connected cases.

¶206

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶207

PRESENT

¶208

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶209

¶210

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶211

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶212

W.A.No.988 OF 2018

¶213

AGAINST THE ORDER/JUDGMENT IN WPC 18055/2016 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶214

APPELLANT/S:

¶215

KERALA PRIVATE HOSPITALS ASSOCIATION REPRESENTED BY ITS GENERAL SECRETARY, SRI.HUSSAIN KOYA THANGAL, HAVING ITS REGISTERED OFFICE AT T.M.HOSPITAL, NH-17, CHETTUVA, KUNDALIYUR P.O., THRISSUR, KERALA-68061.

¶216

BY ADVS. SRI.ADARSH KUMAR SRI.K.M.ANEESH SRI.BIJU VARGHESE ABRAHAM SRI.DILEEP CHANDRAN

¶217

RESPONDENT/S:

¶218

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶219

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI-110 001.

¶220

3 ALL KERALA SECURITY SERVICE EMPLOYEES ASSOCIATION REPRESENTED BY ITS SECRETARY, MINI MOHAN, D/O.SASI MOHAN, AGED 41 YEARS, BIJU BHAVAN, MURUNTHAL, PERINAD P.O., KOLLAM-691601.

¶221

R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R2 BY ADV. ASSISTANT SOLICITOR GENERAL (BY ORDER) R3 BY ADV. SRI.K.S.MANU (BY ORDER)

¶222

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶223

- 13 -

¶224

W.A.979 of 2018 & connected cases.

¶225

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶226

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶227

¶228

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶229

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶230

WA.No.989 OF 2018

¶231

AGAINST THE ORDER/JUDGMENT IN WPC 20968/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶232

APPELLANT/S:

¶233

1 M/S.BRMSCO GARMENTS PVT LTD ANCHELPETTY, ONAKKUR, PAMPAKUDA, ERNAKULAM-686667, REPRESENTED BY ITS MANAGING DIRECTOR T.K.VIJAYAN.

¶234

2 T.K.VIJAYAN AGED 65 YEARS, S/O.LATE KOCHUVAVA, RESIDING AT TRIKKAPURATH HOUSE, KANJIRAMATTOM, AMBALLOOR P.O., ERNAKULAM-682315.

¶235

BY ADV. SRI.NAVOD PRASANNAN PATTALI

¶236

RESPONDENT/S:

¶237

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶238

2 ASSISTANT LABOUR OFFICER MUVATTUPUZHA ERNAKULAM-686661.

¶239

3 UNION OF INDIA

¶240

REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110001

¶241

R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ADV. SMT.C.G.PREETHA, CGC

¶242

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶243

- 14 -

¶244

W.A.979 of 2018 & connected cases.

¶245

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶246

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶247

¶248

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶249

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶250

WA.No.990 OF 2018

¶251

AGAINST THE ORDER/JUDGMENT IN WPC 23217/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶252

APPELLANT/S:

¶253

1 M/S.SOURA NATURAL ENERGY SOLUTIONS INDIA PVT LTD., 1ST FLOOR, SNDP BUILDING, CHIRANGARA, KORATTY, CHALAKUDY, THRISSUR, KERALA-680 309, REPRESENTED BY ITS MANAGING DIRECTOR SRI.MANOJ M.S.

¶254

2 MANOJ M.S., AGED 40 YEARS, S/O.M.R.SASEENDRAN NAIR, RESIDING AT SRAMBIKAL MADOM, PERUMBI SUGATHI ROAD, PERUMBI, WEST KORATTY P.O., PIN-608 308.

¶255

BY ADV. SRI.NAVOD PRASANNAN PATTALI

¶256

RESPONDENT/S:

¶257

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶258

2 ASSISTANT LABOUR OFFICER CHALAKUDY-680307.

¶259

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110 001.

¶260

R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R1 BY ADV. SRI.H.GOPAKUMAR CGC R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ADV. SRI.H.GOPAKUMAR, CGC

¶261

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶262

- 15 -

¶263

W.A.979 of 2018 & connected cases.

¶264

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶265

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶266

¶267

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶268

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶269

WA.No.992 OF 2018

¶270

AGAINST THE ORDER/JUDGMENT IN WPC 4418/2018 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶271

APPELLANT/S:

¶272

1 EVM AUTOMOTIVE INDIA PRIVATE LIMITED II/4D,N.H.BY PASS, OPP.BTH SAROVARAM, KANNADIKADU, MARADU P.O.,ERNAKULAM 682304, REPRESENTED BY ITS MANAGING DIRECTOR SRI SABU JOHNY.

¶273

2 SABU JOHNY, AGED 48 YEARS, S/O.JOHNY MATHEW, RESIDING AT FLAT NO.3D, ORCHID COURT APARTMENTS, PANCHAVADI, VYTILLA P.O., ERNAKULAM 682019.

¶274

BY ADV. SRI.NAVOD PRASANNAN PATTALI

¶275

RESPONDENT/S:

¶276

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001.

¶277

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI 110001.

¶278

3 ASSISTANT LABOUR OFFICER ERNAKULAM 2ND CIRCLE, CIVIL STATION, KAKKANAD, KOCHI 682030

¶279

4 ASSISTANT LABOUR OFFICER ALAPPUZHA 2ND CIRCLE, MINI CIVIL STATION, ALAPPUZHA 689121

¶280

5 ASSISTANT LABOUR OFFICER 2ND CIRCLE KOTTAYAM, LABOUR OFFICE, VALAPPILLY LINE, KOTTAYAM 686001.

¶281

- 16 -

¶282

W.A.979 of 2018 & connected cases.

¶283

6 ASSISTANT LABOUR OFFICER MAVELIKARA, HARIPAD AISWARYA BUILDING, MAVELIKKARA, ALAPPUZHA 690 514.

¶284

7 ASSISTANT LABOUR OFFICER KAYAMKULAM, MINI CIVIL STATION, KAYAMKULAM, ALAPPUZHA 690502.

¶285

8 ASSISTANT LABOUR OFFICER PERUMBAVOOR, 2ND FLOOR, CIVIL STATION BUILDING, PERUMBAVOOR P.O., ERNAKULAM 683542.

¶286

9 ASSISTANT LABOUR OFFICER MUVATTUPUZHA, ERNAKULAM 686661

¶287

10 ASSISTANT LABOUR OFFICER KOTHAMANGALAM, ERNAKULAM - 686688

¶288

11 ASSISTANT LABOUR OFFICER NEDUMKANDAM, IDUKKI 685553.

¶289

12 ASSISTANT LABOUR OFFICER THODUPUZHA, IDUKKI 685584.

¶290

R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R1, R3-12 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. SRI.ANISH JAIN, CGC

¶291

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶292

W.A.979 of 2018 & - 17 - connected cases.

¶293

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶294

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶295

¶296

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶297

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶298

WA.No.1021 OF 2018

¶299

AGAINST THE ORDER/JUDGMENT IN WPC 12779/2018 DATED 11-04-2018 OF HIGH COURT OF KERALA

¶300

APPELLANT/S:

¶301

1 EVM AUTOKRAFT INDIA PRIVATE LIMITED, NEW NO. OLD NO. 36/2, 1ST FLR, CUDDALO, THAVALAKUPPAM, ARIYANKUPPAM, COMMUNE, PONDICHERRY, PONDICHERRY, INDIA, 605 007.

¶302

REPRESENTED BY ITS MANAGING DIRECTOR

¶303

SRI.SABU JOHNY.

¶304

2 SABU JOHNY AGED 48 YEARS, S/O. JOHNY MATHEW, RESIDING AT FLAT NO. 3D,ORCHID COURT APPARTMENTS, PANCHAVADI, VYTILLA P.O, ERNAKULAM 582 019.

¶305

BY ADV. SMT.R.MANEESHA

¶306

RESPONDENT/S:

¶307

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.

¶308

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI- 110 001.

¶309

3 ASSISTANT LABOUR OFFICER ERNAKULAM SECOND CIRCLE,4TH FLOOR, CIVIL STATION, KAKKANAD 682 030.

¶310

R1, R3 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. SRI.HARIDAS P.NAIR, CGC R3 BY GOVERNMENT PLEADER

¶311

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶312

- 18 -

¶313

W.A.979 of 2018 & connected cases.

¶314

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶315

PRESENT

¶316

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶317

¶318

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶319

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶320

WA.No.1042 OF 2018

¶321

AGAINST THE ORDER/JUDGMENT IN WPC 9528/2018 OF HIGH COURT OF KERALA

¶322

APPELLANT/S:

¶323

1 EVM AUTOMOBILES PRIVATE LTD. II/4D,N.H.BYPASS,OPP.BTH SAROVARAM, KANNADIKKADU,MARADU.P.O,ERNAKULAM-682304, REPRESENTED BY ITS MANAGING DIRECTOR SRI.SABU JOHNY.

¶324

2 SABU JOHNY, AGED 48 YEARS,S/O JOHNY MATHEW, RESIDING AT FLAT NO.3D,ORCHID COURT APARTMENTS, PANCHAVADI,VYTILLA.P.O,ERNAKULAM-582019.

¶325

BY ADV. SMT.R.MANEESHA.

¶326

RESPONDENT/S:

¶327

1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

¶328

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110001.

¶329

3 ASSISTANT LABOUR OFFICER 1ST CIRCLE,CIVIL STATION,KOZHIKODE-673020.

¶330

4 ASSISTANT LABOUR OFFICER NORTH KALPATTA.P.O,CIVIL STATION,WAYANAD.

¶331

- 19 -

¶332

W.A.979 of 2018 & connected cases.

¶333

5 ASSISTANT LABOUR OFFICER FAROOQUE,KOZHIKODE-673631.

¶334

6 ASSSITANT LABOUR OFFICER THAMARASSERY,KOZHIKODE-673573.

¶335

R1, R3, R6 BY GOVERNMENT PLEADER(B/O), SRI.K.V.SOHAN STATE ATTORNEY (B/O) R2 BY ADV. A.S.G.I(B/O) R4-5 BY GOVERNMENT PLEADER(B/O)

¶336

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶337

- 20 -

¶338

W.A.979 of 2018 & connected cases.

¶339

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶340

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶341

¶342

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶343

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶344

WA.No.1077 OF 2018

¶345

AGAINST THE ORDER/JUDGMENT IN WPC 40566/2016 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶346

APPELLANT/S:

¶347

M/S.V.GUARD INDUSTRIES LTD,

¶348

CORP OFFICE VENNALA HIGH SCHOOL ROAD, VENNALA, KOCHI - 682 028, REPRESENTED BY ITS DIRECTOR, ADMINISTRATION K. VIJAYAN.

¶349

BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶350

RESPONDENT/S:

¶351

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶352

2 ASSISTANT LABOUR OFFICER 1ST CIRCLE, KAKKANAD - 682 030.

¶353

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR,NEW DELHI - 110 001.

¶354

R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ASSISTANT SOLICITOR GENERAL

¶355

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶356

- 21 -

¶357

W.A.979 of 2018 & connected cases.

¶358

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶359

PRESENT

¶360

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶361

¶362

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶363

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶364

WA.No.1079 OF 2018

¶365

AGAINST THE ORDER/JUDGMENT IN WPC 1382/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶366

APPELLANT/S:

¶367

M/S UAE EXCHANGE & FINANCIAL SERVICES 1ST FLOOR, AIRLINES BUILDING, MG. ROAD, ERNAKULAM-682011, REPRESENTED BY MS SREEJA INDIRA, LEGAL HEAD.

¶368

BY ADVS.

¶369

SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶370

RESPONDENT/S:

¶371

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶372

2 ASSISTANT LABOUR OFFICER 1ST CIRCLE, CIVIL STATION, ERNAKULAM-682030.

¶373

3 UNION OF INDIA

¶374

REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR,NEW DELHI-110001.

¶375

R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ASSISTANT SOLICITOR GENERAL

¶376

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶377

- 22 -

¶378

W.A.979 of 2018 & connected cases.

¶379

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶380

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶381

¶382

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶383

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶384

WA.No.1080 OF 2018

¶385

AGAINST THE ORDER/JUDGMENT IN WPC 7308/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶386

APPELLANT/S:

¶387

M/S.MAHINDRA AND MAHINDRA FINANCIAL SERVICES LTD REGIONAL OFFICE, 2ND FLOOR, NOEL HOUSE, THRIKKAKARA P.O,KAKKANAD, KOCHI - 682 021, REPRESENTED BY ITS AUTHORIZEDSIGNATORY, MR. U. BIJURAJ.

¶388

BY ADVS.

¶389

SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶390

RESPONDENT/S:

¶391

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFATEDEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶392

2 ASSISTANT LABOUR OFFICER NEYYATTINKARA - 695 001. 3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶393

R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ADV. SRI.ANISH JAIN, CGC

¶394

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶395

- 23 -

¶396

W.A.979 of 2018 & connected cases.

¶397

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶398

PRESENT

¶399

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶400

¶401

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶402

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶403

WA.No.1115 OF 2018

¶404

AGAINST THE ORDER/JUDGMENT IN WPC 29125/2016 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶405

APPELLANT/S:

¶406

1 THE CATHOLIC HOSPITAL ASSOCIATION OF INDIA KERALA UNIT, PASTORAL ORIENTATION CENTRE, PALARIVATTOM, KOCHI-682028,

¶407

REP. BY ITS EXECUTIVEDIRECTOR-FR. SIMON PALLUPETTA.

¶408

2 LOURDE HOSPITAL, PACHALAM, KOCHI, PIN-682012, REPRESENTED BY ITS PRESENT DIRECTOR,

¶409

FR. SHAIJU THOPPIL.

¶410

BY ADVS.

¶411

SRI.ISSAC M.PERUMPILLIL SRI.JIJO PAUL KALLOOKKARAN

¶412

RESPONDENT/S:

¶413

1 THE UNION OF INDIA REP. BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110001.

¶414

2 THE STATE OF KERALA, REP. BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶415

R1 BY SRI.T.V.VINU, CGC R1 BY ADV. SRI.T.V.VINU CGC R2 BY ADV. SRI.K.V. SOHAN, STATE ATTORNEY (B/O)

¶416

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶417

- 24 -

¶418

W.A.979 of 2018 & connected cases.

¶419

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶420

PRESENT

¶421

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶422

¶423

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶424

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶425

WA.No.1123 OF 2018

¶426

AGAINST THE ORDER/JUDGMENT IN WPC 22517/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶427

APPELLANT/S:

¶428

M/S. BRIDGESTONE INDIA PRIVATE LIMITED, CORPORATE IDENTITY NUMBER U25111PN1996PTC147267, PLOT NO.A43, PHASE-II, MIDC CHAKAN, SAWARDARI VILLAGE, KHED TALUKA, PUNE, MAHARASHTRA-410501, REPRESENTED BY ITS REGIONAL SALES MANAGER MR. SUNIL KUMAR G.

¶429

BY ADVS. SRI.ISSAC M.PERUMPILLIL SRI.JIJO PAUL KALLOOKKARAN

¶430

RESPONDENT/S:

¶431

1 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110001.

¶432

2 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶433

R1 BY ADV. CGC

¶434

R2 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY

¶435

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶436

- 25 -

¶437

W.A.979 of 2018 & connected cases.

¶438

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶439

PRESENT

¶440

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶441

¶442

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶443

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶444

WA.No.1137 OF 2018

¶445

AGAINST THE ORDER/JUDGMENT IN WPC 20684/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶446

APPELLANT/S:

¶447

M/S. CANARA ROBECO ASSET MANAGEMENT COMPANY LIMITED CORPORATE IDENTITY NUMBER U65990MH1993PLCO71003 CONSTRUCTION HOUSE,4TH FLOOR, 5, W.H.MARG, BALLARD ESTATE, MUMBAI-400001, REP.BY ITS, CLUSTER HEAD-SALES,KERALA, C.R. VENKITACHALAM.

¶448

BY ADVS. SRI.ISSAC M.PERUMPILLIL SRI.JIJO PAUL KALLOOKKARAN

¶449

RESPONDENT/S:

¶450

1 THE UNION OF INDIA REP. BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110001.

¶451

2 THE STATE OF KERALA REP. BY ITS SECRETARY, LABOUR & WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶452

R1 BY ASSISTANT SOLICITOR GENERAL R2 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY

¶453

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶454

- 26 -

¶455

W.A.979 of 2018 & connected cases.

¶456

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶457

PRESENT

¶458

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶459

¶460

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶461

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶462

WA.No.1141 OF 2018

¶463

AGAINST THE ORDER/JUDGMENT IN WPC 20622/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶464

APPELLANT/S:

¶465

M/S. YUM RESTAURANTS (INDIA)PVT. LTD. CORPORATE IDENTITY NUMBER, U74899DL1994PTC057894,12TH & 14TH FLOOR, TOWER D, GLOBAL BUSINESS PARKM.G ROAD, GURGAON- 122 002. REP. BY ITS PEOPLE CAPABILITY LEADER, KRISHNADAS NARAYANAN NAIR.

¶466

BY ADVS. SRI.ISSAC M.PERUMPILLIL SRI.JIJO PAUL KALLOOKKARAN

¶467

RESPONDENT/S:

¶468

1 THE UNION OF INDIA REP. BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI- 110 001.

¶469

2 THE STATE OF KERALA, REP. BY ITS SECRETARY, LABOUR & WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

¶470

R1 BY SMT.SREEKALA K.L., CGC R2 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY

¶471

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶472

- 27 -

¶473

W.A.979 of 2018 & connected cases.

¶474

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶475

PRESENT

¶476

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶477

¶478

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶479

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶480

WA.No.1169 OF 2018

¶481

AGAINST THE ORDER/JUDGMENT IN WPC 8415/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶482

APPELLANT/S:

¶483

MANAPPURAM FINANCE LIMITED MANAPPURAM HOUSE, VALAPPAD, THRISSUR DISTRICT,PIN - 680 567, REPRESENTED BY ITS AUTHORISED SIGNATORY, MANAGER LEGAL.

¶484

BY ADVS. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P

¶485

RESPONDENT/S:

¶486

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

¶487

2 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF LABOUR,NEW DELHI - 110 001.

¶488

R1 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. SRI.M.A.VINOD, CGC

¶489

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶490

- 28 -

¶491

W.A.979 of 2018 & connected cases.

¶492

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶493

PRESENT

¶494

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶495

¶496

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶497

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶498

WA.No.1170 OF 2018

¶499

AGAINST THE ORDER/JUDGMENT IN WPC 28742/2017 OF HIGH COURT OF KERALA

¶500

APPELLANT/S:

¶501

MANAPPURAM HOME FINANCE LIMITED

¶502

(FORMERLY MANAPPURAM HOME FINANCE PRIVATE LIMITED), MANAPPURAM HOUSE, VALAPPAD, THRISSUR DISTRICT, PIN- 680 567. REPRESENTED BY ITS AUTHORISED SIGNATORY,VIJEESH V, ASSISTANT GENERAL MANAGER,THRISSUR BRANCH.

¶503

BY ADVS.

¶504

SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P

¶505

RESPONDENT/S:

¶506

1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN 695 001.

¶507

2 UNION OF INDIA REPRESENTED BY THE SECRETARY,MINISTRY OF LABOUR, NEW DELHI 110 001.

¶508

R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R2 BY ADV. CENTRAL GOVERNMENT COUNSEL(BY ORDER)

¶509

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶510

- 29 -

¶511

W.A.979 of 2018 & connected cases.

¶512

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶513

PRESENT

¶514

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶515

¶516

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶517

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶518

WA.No.1171 OF 2018

¶519

AGAINST THE ORDER/JUDGMENT IN WPC 11178/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶520

APPELLANT/S:

¶521

M/S. MABEN NIDHI LIMITED REGISTERED OFFICE,BUILDING NO. V/421, NEAR HIGH SCHOOL JUNCTION, VALAPPAD, THRISSUR DISTRICT, PIN - 680 567, REPRESENTED BY ITS AUTHORISED SIGNATORY, LEGAL MANAGER.

¶522

BY ADVS. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P

¶523

RESPONDENT/S:

¶524

1 STATE OF KERALA` REPRESENTED BY THE SECRETARYT TO GOVERNMENT, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

¶525

2 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF LABOUR,NEW DELHI - 110 001.

¶526

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY R1-2 BY ASSISTANT SOLICITOR GENERAL

¶527

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶528

- 30 -

¶529

W.A.979 of 2018 & connected cases.

¶530

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶531

PRESENT

¶532

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶533

¶534

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶535

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶536

WA.No.1172 OF 2018

¶537

AGAINST THE ORDER/JUDGMENT IN WPC 6250/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶538

APPELLANT/S:

¶539

M/S GEOJIT TECHNOLOGIES PVT LTD 9TH FLOOR, GEOJIT BNP PARIBAS BUILDING, 34/659-P, CIVIL LINE ROAD, PADIVATTOM, KOCHI - 682 024. REPRESENTED BY ITS MANAGING DIRECTOR, A BALAKRISHNAN.

¶540

BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶541

RESPONDENT/S:

¶542

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶543

2 ASSISTANT LABOUR OFFICER 1ST CIRCLE, CIVIL STATION, ERNAKULAM - 682 030.

¶544

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶545

R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R3 BY ADV. SRI.SUVIN R.MENON, CGC

¶546

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶547

- 31 -

¶548

W.A.979 of 2018 & connected cases.

¶549

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶550

PRESENT

¶551

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶552

¶553

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶554

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶555

WA.No.1173 OF 2018

¶556

AGAINST THE ORDER/JUDGMENT IN WPC 33291/2017 OF HIGH COURT OF KERALA

¶557

APPELLANT/S:

¶558

RAMA VARMA CLUB

¶559

CLUB ROAD, ERNAKULAM, COCHIN- 682 011 REPRESENTED BY ITS HONORARY SECRETARY T.G BALAKRISHNAN NAIR.

¶560

BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶561

RESPONDENT/S:

¶562

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001.

¶563

2 ASSISTANT LABOUR OFFICER IIND CIRCLE, CIVIL STATION, KAKKANAD,KOCHI 682 030

¶564

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI 110 001.

¶565

R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R3 BY ASSISTANT SOLICITOR GENERAL R2 BY STATE ATTORNEY

¶566

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶567

- 32 -

¶568

W.A.979 of 2018 & connected cases.

¶569

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶570

PRESENT

¶571

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶572

¶573

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶574

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶575

WA.No.1174 OF 2018

¶576

AGAINST THE ORDER/JUDGMENT IN WPC 725/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶577

APPELLANT/S:

¶578

M/S.VISION MOTORS PVT. LTD. KUTTUKARAN CENTRE, MAMANGALAM, ERNAKULAM,

¶579

KOCHI - 682 025.

¶580

REPRESENTED BY ITS MANAGER (HR & ADMINISTRATION) MR. PRASAD S.

¶581

BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶582

RESPONDENT/S:

¶583

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶584

2 ASSISTANT LABOUR OFFICER 2ND CIRCLE, CIVIL STATION, KOZHIKODE - 673 020.

¶585

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶586

R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R3 BY ASSISTANT SOLICITOR GENERAL

¶587

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶588

- 33 -

¶589

W.A.979 of 2018 & connected cases.

¶590

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶591

PRESENT

¶592

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶593

¶594

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶595

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶596

WA.No.1176 OF 2018

¶597

AGAINST THE ORDER/JUDGMENT IN WPC 34496/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶598

APPELLANT/S:

¶599

COCHIN INTERNATIONAL AVIATION SERVICES LTD. XI/318E, COCHIN INTERNATIONAL AIRPORT BUILDING, KOCHI AIRPORT, NEDUMBASSERY, ERNAKULAM - 683 111. REPRESENTED BY ITS MANAGING DIRECTOR MR. A.CHANDRAKUMARAN NAIR.

¶600

BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶601

RESPONDENT/S:

¶602

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶603

2 ASSISTANT LABOUR OFFICER ANGAMALY, COCHIN - 683 572.

¶604

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶605

R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R3 BY ASSISTANT SOLICITOR GENERAL

¶606

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶607

- 34 -

¶608

W.A.979 of 2018 & connected cases.

¶609

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶610

PRESENT

¶611

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶612

¶613

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶614

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶615

WA.No.1177 OF 2018

¶616

AGAINST THE ORDER/JUDGMENT IN WPC 5365/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶617

APPELLANT/S:

¶618

M/S.GEOJIT FINANCIAL SERVICES LTD (FORMERLY KNOWN AS GEOJIT BNP PARIBAS FINANCIAL SERVICES LTD.) REG. OFFICE -34/659P, CIVIL LINE ROAD, PADIVATTOM, KOCHI -682 024, REPRESENTED BY ITS HEAD OF HUMAN RESOURCES, JAYA JACOB ALEXANDER.

¶619

BY ADVS.

¶620

SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶621

RESPONDENT/S:

¶622

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM -695 001.

¶623

2 ASSISTANT LABOUR OFFICER 1ST CIRCLE, CIVIL STATION,ERNAKULAM -682 030.

¶624

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI -110 001.

¶625

R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY

¶626

R3 BY ASSISTANT SOLICITOR GENERAL

¶627

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶628

- 35 -

¶629

W.A.979 of 2018 & connected cases.

¶630

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶631

PRESENT

¶632

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶633

¶634

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶635

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶636

WA.No.1187 OF 2018

¶637

AGAINST THE ORDER/JUDGMENT IN WPC 39727/2016 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶638

APPELLANT/S:

¶639

HYSON MOTORS PRIVATE LIMITED

¶640

RAYAS COMPLEX, SANKARA IYER ROAD, THRISSUR,REPRESENTED BY ITS DIRECTOR ABDU.

¶641

BY ADVS.

¶642

SRI.K.K.PREMALAL

¶643

SRI.VISHNU JYOTHIS LAL

¶644

RESPONDENT/S:

¶645

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶646

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI 110 001.

¶647

3 VINOD KUMAR P HYSON MOTORS PRIVATE LIMITED,RAYS COMPLEX, SANKARA IYER ROAD, THRISSUR.

¶648

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. SRI.B.PREMKUMAR, CGC(BY ORDER)

¶649

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶650

- 36 -

¶651

W.A.979 of 2018 & connected cases.

¶652

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶653

PRESENT

¶654

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶655

¶656

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶657

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶658

WA.No.1189 OF 2018

¶659

AGAINST THE ORDER/JUDGMENT IN WPC 23352/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶660

APPELLANT/S:

¶661

IDEA CELLULAR LTD V.J.TOWER, VYTTILA,COCHIN - 682 019, REPRESENTED BY ITS AGM-LEGAL & REGULATORY, MR.RAJKUMAR PAVOTHIL.

¶662

BY ADVS. SRI.E.K.NANDAKUMAR (SR.) SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH (SR.) SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM

¶663

RESPONDENT/S:

¶664

STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AMP SKILLS (E) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶665

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY

¶666

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶667

- 37 -

¶668

W.A.979 of 2018 & connected cases.

¶669

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶670

PRESENT

¶671

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶672

¶673

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶674

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶675

WA.No.1190 OF 2018

¶676

AGAINST THE ORDER/JUDGMENT IN WPC 40955/2016 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶677

APPELLANT/S:

¶678

HYSON AUTO SALES PRIVATE LIMITED

¶679

TC 9/275-9, NH 47 BYE PASS, KUTTANELLUR, THRISSUR-680014. REPRESENTED BY ITS DIRECTOR ABDU.

¶680

BY ADVS.

¶681

SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶682

RESPONDENT/S:

¶683

1 STATE OF KERALA

¶684

REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND SKILLS DEPARTMENT, GOVERNMENTSECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶685

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR,NEW DELHI-110 001.

¶686

3 LITHIN M.N HYSON AUTO SALES PRIVATE LIMITED, TC 9/275-9,KUTTANELLUR, THRISSUR-680 014.

¶687

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY

¶688

R2 BY ADV. SMT.SREEKALA K.L., CGC

¶689

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶690

- 38 -

¶691

W.A.979 of 2018 & connected cases.

¶692

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶693

PRESENT

¶694

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶695

¶696

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶697

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶698

WA.No.1191 OF 2018

¶699

AGAINST THE ORDER/JUDGMENT IN WPC 11192/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶700

APPELLANT/S:

¶701

AYURVEDA HOSPITAL MANAGEMENT ASSOCIATION AYSWARYA HOSPITAL, PUKKATTUPADY, ALUVA-683 561, REPRESENTED BY ITS GENERAL SECRETARY DR.C.S.KRISHNAKUMAR.

¶702

BY ADVS. SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶703

RESPONDENT/S:

¶704

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶705

2 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110 001.

¶706

R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R2 BY ADV. B.PREMKUMAR,CGC(B/O)

¶707

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶708

- 39 -

¶709

W.A.979 of 2018 & connected cases.

¶710

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶711

PRESENT

¶712

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶713

¶714

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶715

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶716

WA.No.1192 OF 2018

¶717

AGAINST THE ORDER/JUDGMENT IN WPC 7379/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶718

APPELLANT/S:

¶719

SILVER STORM AMUSEMENT PARTKS (P) LTD VETTILAPPARA, P.O. CHALAKUDY, THRISSUR DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, A.I.SHALIMAR.

¶720

BY ADVS.

¶721

SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶722

RESPONDENT/S:

¶723

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, LABOUR AND SKILLS DEPARTMENT, GOVERNMENTSECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶724

2 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR,NEW DELHI-110001.

¶725

3 RAMACHANDRAN K SILVER STORM AMUSEMENT PARKS (P) LTD.,VETTILAPPARA, P.O.CHALAKUDY, THRISSUR DISTRICT.

¶726

R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R2 BY ADV. B.PREMKUMAR,CGC(B/O)

¶727

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶728

- 40 -

¶729

W.A.979 of 2018 & connected cases.

¶730

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶731

PRESENT

¶732

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶733

¶734

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶735

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶736

WA.No.1193 OF 2018

¶737

AGAINST THE ORDER/JUDGMENT IN WPC 5659/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶738

APPELLANT/S:

¶739

1 PARADIGM IT PVT LTD. 28/2373C, CHILAVANOOR ROAD, ELAMKULAM, KOCHI-682020, KERALA, INDIA.

¶740

2 PARADIGM TECHNOLOGIES PRIVATE LIMITED 28/2373C, CHILAVANOOR ROAD, ELAMKULAM, KOCHI-682020, KERALA, INDIA.

¶741

BY ADVS. SRI.VARGHESE K.PAUL SRI.ANITH JAMES SMT.BINDHU ANTONY SRI.VINEED ABRAHAM

¶742

RESPONDENT/S:

¶743

1 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110001.

¶744

2 THE STATE OF KERALA REP. BY ITS SECRETARY, LABOUR & WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM-695001.

¶745

R1 BY ADV. ASGI(B/O) R2 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY

¶746

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶747

- 41 -

¶748

W.A.979 of 2018 & connected cases.

¶749

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶750

PRESENT

¶751

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶752

¶753

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶754

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶755

WA.No.1195 OF 2018

¶756

AGAINST THE ORDER/JUDGMENT IN WPC 22122/2017 OF HIGH COURT OF KERALA

¶757

APPELLANT/S:

¶758

QUESS CORP LTD. (A PUBLIC LIMITED COMPANY), HAVING REGISTERED OFFICE AT QUESS HOUSE, 3/3/2,BELLANDUR GATE,SARJAPUR ROAD, BANGALORE-560103, REPRESENTED BY IT'S VICE PRESIDENT & COMPANY SECRETARY, SUDERSHAN PALLAP, QUESS HOUSE, 3/3/2, BELLANDUR GATE,SARJAPUR ROAD, BANGALORE-560103.

¶759

BY ADV. SRI.P.M.MOHAMMED SHIRAZ

¶760

RESPONDENT/S:

¶761

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF LABOUR AND SKILLS, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

¶762

2 THE LABOUR COMMISSIONER, VIKAS BHAVAN, THIRUVANANTHAPURAM-695001.

¶763

R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY R1-2 BY GOVERNMENT PLEADER(B/O)

¶764

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶765

- 42 -

¶766

W.A.979 of 2018 & connected cases.

¶767

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶768

PRESENT

¶769

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶770

¶771

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶772

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶773

WA.No.1198 OF 2018

¶774

AGAINST THE ORDER/JUDGMENT IN WPC 10926/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶775

APPELLANT/S:

¶776

ST. ANTONY'S JEWELLERY WORKS CHARUVATHERY,CHEVOOR.P.O, THRISSUR-680027, REPRESENTED BY ITS MANAGING PARTNER, JOSEPH THOMAS.

¶777

BY ADVS. SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶778

RESPONDENT/S:

¶779

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

¶780

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI-110001.

¶781

3 M.RASHEED ST.ANTONY'S JEWELLERY WORKS, CHERUVATHERY,CHEVOOR.P.O,THRISSUR-680027.

¶782

R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R2 BY ASSISTANT SOLICITOR GENERAL (B/O)

¶783

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶784

- 43 -

¶785

W.A.979 of 2018 & connected cases.

¶786

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶787

PRESENT

¶788

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶789

¶790

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶791

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶792

WA.No.1199 OF 2018

¶793

AGAINST THE ORDER/JUDGMENT IN WPC 2457/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶794

APPELLANT/S:

¶795

KONDODY HOTELS & RESORTS INDIA PVT.LTD. (GREEN WOODS RESORTS), DOOR NO:2/595, D1, K.K.ROAD, KUMILY, IDUKKI-685509, REPRESENTED BY ITS MANAGING DIRECTOR, RAHUL TOM.

¶796

BY ADVS.

¶797

SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶798

RESPONDENT/S:

¶799

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶800

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110001.

¶801

3 MR.DILEEP CHANDRAN KONDODY HOTELS & RESORTS INDIA PVT LTD., (GREEN WOODS RESORTS), DOOR NO.2/595, D1, K.K.ROAD, KUMILY, IDUKKI-685509.

¶802

R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R2 BY ADV. ASGI(B/O)

¶803

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶804

- 44 -

¶805

W.A.979 of 2018 & connected cases.

¶806

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶807

PRESENT

¶808

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶809

¶810

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶811

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶812

WA.No.1200 OF 2018

¶813

AGAINST THE ORDER/JUDGMENT IN WPC 20934/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶814

APPELLANT/S:

¶815

NANDANAM SANITARIES

¶816

PUZHAKKAL (H.O), DOOR NO.VI/74, SREEDHARMASATHA BUILDING, PUZHAKKAL PO., THRISSUR, PIN-680553, REPRESENTED BY ITS PROPRIETOR, SANDEEP M.

¶817

BY ADVS.

¶818

SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶819

RESPONDENT/S:

¶820

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶821

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110001.

¶822

R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R2 BY ADV. ASGI(B/O)

¶823

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶824

- 45 -

¶825

W.A.979 of 2018 & connected cases.

¶826

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶827

PRESENT

¶828

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶829

¶830

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶831

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶832

WA.No.1207 OF 2018

¶833

AGAINST THE ORDER/JUDGMENT IN WPC 14181/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶834

APPELLANT/S:

¶835

M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED

¶836

CORPORATE IDENTITY NUMBER L65993 TN 1978PLCOO7576, DARE HOUSE, NO. 2 N.S.C.BOSE ROAD, PARRYS, CHENNAI, TAMIL NADU, PIN - 600001, REP.BY ITS EXECUTIVE VICE PRESIDENT & HEAD, HUMAN RESOURCES, R. CHANDRASEKAR.

¶837

BY ADVS. SRI.ISSAC M.PERUMPILLIL SRI.JIJO PAUL KALLOOKKARAN

¶838

RESPONDENT/S:

¶839

1 THE UNION OF INDIA REP.BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶840

2 THE STATE OF KERALA REP.BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶841

R1 BY ASSISTANT SOLICITOR GENERAL R2 SRI.K.V.SOHAN, STATE ATTORNEY

¶842

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶843

- 46 -

¶844

W.A.979 of 2018 & connected cases.

¶845

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶846

PRESENT

¶847

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶848

¶849

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶850

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶851

WA.No.1208 OF 2018

¶852

AGAINST THE ORDER/JUDGMENT IN WPC 5025/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶853

APPELLANT/S:

¶854

AABASOFT TECHNOLOGIES INDIA PVT. LTD. GROUND FLOOR, VISMAYA INFOPARK, KAKKANAD, ERNAKULAM - 682 042, REPRSENTED BY ITS MANAGING DIRECTOR, MR. SUJAS ALI, AGED 40 YEARS, S/O. MR.A. SHAMSU, RESIDING AT PASHA VILLA, LAJANATH WARD, ALAPPUZHA - 688 001.

¶855

BY ADVS. SRI.VARGHESE K.PAUL SRI.ANITH JAMES SMT.BINDHU ANTONY SRI.VINEED ABRAHAM

¶856

RESPONDENT/S:

¶857

1 THE UNION OF INDIA REP.BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶858

2 STATE OF KERALA, REP.BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶859

R1 BY ADV. ASSISTANT SOLICITOR GENERAL(B/O), SMT.MINI GOPINATH, CGC R2 BY SRI.K.V.SOHAN, STATE ATTORNEY

¶860

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶861

- 47 -

¶862

W.A.979 of 2018 & connected cases.

¶863

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶864

PRESENT

¶865

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶866

¶867

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶868

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶869

WA.No.1209 OF 2018

¶870

AGAINST THE ORDER/JUDGMENT IN WPC 8207/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶871

APPELLANT/S:

¶872

ASSISI HOLISTIC RESEARCH CENTRE PANAVALLY, THRICHTTUKULAM,CHERTHALA, ALAPPUZHA-688581, REPRESENTED BY ITS ADMINISTRATOR SR.DACIOUS.

¶873

BY ADVS. SRI.ISSAC M.PERUMPILLIL SRI.JIJO PAUL KALLOOKKARAN

¶874

RESPONDENT/S:

¶875

1 THE UNION OF INDIA REP.BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI-110001.

¶876

2 THE STATE OF KERALA, REP.BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

¶877

R1 BY ADV. ASSISTNAT SOLICITOR GENERAL (B/O), SRI.SUVIN R.MENON, CGC R2 BY SRI.K.V.SOHAN, STATE ATTORNEY

¶878

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶879

- 48 -

¶880

W.A.979 of 2018 & connected cases.

¶881

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶882

PRESENT

¶883

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶884

¶885

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶886

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶887

WA.No.1210 OF 2018

¶888

AGAINST THE ORDER/JUDGMENT IN WPC 518/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶889

APPELLANT/S:

¶890

PERFECT ENGINEERS & CONTRACTORS

¶891

EL 39/1198/PMC, ROBINSON ROAD, PALAKKAD - 678 014, REPRESENTED BY ITS PARTNER M.SAJEEVAN.

¶892

BY ADVS.

¶893

SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶894

RESPONDENT/S:

¶895

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001.

¶896

2 UNION OF INDIA REP.BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶897

3 BHAGYALAKSHMY PERFECT ENGINEERS & CONTRACTORS, EL 39/1198/PMC, ROBINSON ROAD, PALAKKAD - 678 014.

¶898

R1 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. ASSISTANT SOLICITOR GENERAL(B/O) R2 BY ADV. SRI.SUVIN R.MENON CGC

¶899

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶900

- 49 -

¶901

W.A.979 of 2018 & connected cases.

¶902

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶903

PRESENT

¶904

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶905

¶906

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶907

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶908

WA.No.1212 OF 2018

¶909

AGAINST THE ORDER/JUDGMENT IN WPC 40953/2016 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶910

APPELLANT/S:

¶911

GEORGE & COMPANY

¶912

DOOR NO. 9/325/1 & 2, PUTHUR ROAD, KUTTANELLUR, THRISSUR - 680 014. REPRESENTED BY ITS MANAGING PARTNER A.G. BIJU.

¶913

BY ADVS.

¶914

SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶915

RESPONDENT/S:

¶916

1 STATE OF KERALA

¶917

REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶918

2 UNION OF INDIA

¶919

REP.BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶920

3 PAUL ALUKKA

¶921

GEORGE & COMPANY, DOOR NO. 9/325/1 & 2, PUTHUR ROAD, KUTTANELLUR, THRISSUR - 680 014.

¶922

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. SRI.RAJAGOPALAN.A., CGC

¶923

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶924

- 50 -

¶925

W.A.979 of 2018 & connected cases.

¶926

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶927

PRESENT

¶928

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶929

¶930

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶931

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶932

WA.No.1215 OF 2018

¶933

AGAINST THE ORDER/JUDGMENT IN WPC 29837/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶934

APPELLANT/S:

¶935

M/S ASIAN PAINTS LIMITED CIN NO. L24220MH1945PLC004598, 6A SHANTI NAGAR SANTACRUZ E, MUMBAI, MAHARASHTRA, 400055, REP.BY ITS AREA MANAGER-SANDEEP CHANDRASEKARAN.

¶936

BY ADVS. SRI.ISSAC M.PERUMPILLIL SRI.JIJO PAUL KALLOOKKARAN

¶937

RESPONDENT/S:

¶938

1 THE UNION OF INDIA REP.BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶939

2 THE STATE OF KERALA REP.BY ITS SECRETARY, LABOUR & WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶940

R1 BY ASSISTANT SOLICITOR GENERAL R2 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY

¶941

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶942

- 51 -

¶943

W.A.979 of 2018 & connected cases.

¶944

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶945

PRESENT

¶946

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶947

¶948

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶949

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶950

WA.No.1216 OF 2018

¶951

AGAINST THE ORDER/JUDGMENT IN WPC 25461/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶952

APPELLANT/S:

¶953

1 THE KERALA ELECTRIC TRADES ASSOCIATION

¶954

CHITTOOR ROAD, ERNAKULAM, KOCHI - 682 016, REP.BY ITS PRESIDENT, SHRI. E.G. GEORGE.

¶955

2 M.C. JOLLY

¶956

KATSON TRADERS, BANERJI ROAD, HIGH COURT JUNCTION, ERNAKULAM - 682 031.

¶957

BY ADVS. SRI.ISSAC M.PERUMPILLIL SRI.JIJO PAUL KALLOOKKARAN

¶958

RESPONDENT/S:

¶959

1 THE UNION OF INDIA

¶960

REP.BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶961

2 THE STATE OF KERALA REP.BY ITS SECRETARY, LABOUR & WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶962

R1 BY ASSISTANT SOLICITOR GENERAL R2 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY

¶963

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶964

- 52 -

¶965

W.A.979 of 2018 & connected cases.

¶966

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶967

PRESENT

¶968

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶969

¶970

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶971

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶972

WA.No.1217 OF 2018

¶973

AGAINST THE ORDER/JUDGMENT IN WPC 4626/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶974

APPELLANT/S:

¶975

M/S POPULAR MOTOR WORLD PRIVATE LIMITED 33/2361 A, GEETHANJALI SHOP, N.H BYPASS, VYTTILA P.O., KOCHI - 682 019. REPRESENTED BY ITS VICE PRESIDENT, MR. SUJITH CHANDRAN.

¶976

BY ADVS.

¶977

SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶978

RESPONDENT/S:

¶979

1 STATE OF KERALA, REPRESENTED BY SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶980

2 ASSISTANT LABOUR OFFICER, ERNAKULAM - 682 030.

¶981

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶982

R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

¶983

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶984

- 53 -

¶985

W.A.979 of 2018 & connected cases.

¶986

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶987

PRESENT

¶988

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶989

¶990

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶991

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶992

WA.No.1219 OF 2018

¶993

AGAINST THE ORDER/JUDGMENT IN WPC 5666/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶994

APPELLANT/S:

¶995

NEOGEN FOOD ANIMAL SECURITY (INDIA) PVT. LTD. POONITHURA, KOCHI - 38, KERALA, INDIA, REPRESENTED BY ITS RESIDENT DIRECTOR, MR. ROBERT ANTHONY CREASMAN, AGED 37 YEARS, S/O. ANTHONY NEAL CREASMAN, RESIDING AT APARTMENT 6A, NEDUNGADAN RESIDENCY.

¶996

BY ADVS. SRI.VARGHESE K.PAUL SRI.ANITH JAMES SMT.BINDHU ANTONY SRI.VINEED ABRAHAM

¶997

RESPONDENT/S:

¶998

1 THE UNION OF INDIA REP.BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶999

2 THE STATE OF KERALA, REP.BY ITS SECRETARY, LABOUR & WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1000

R1 BY ADV. ASSISTANT SOLICITOR GENERAL (BY ORDER) R2 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY

¶1001

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1002

- 54 -

¶1003

W.A.979 of 2018 & connected cases.

¶1004

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1005

PRESENT

¶1006

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1007

¶1008

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1009

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1010

WA.No.1220 OF 2018

¶1011

AGAINST THE ORDER/JUDGMENT IN WPC 726/2017 OF HIGH COURT OF KERALA

¶1012

APPELLANT/S:

¶1013

M/S. POPULAR MEGA MOTORS (INDIA) PVT. LTD. KUTTUKARAN CENTRE, MAMANGALAM, ERNAKULAM, KOCHI-682025,

¶1014

REPRESENTED BY ITS HR MANAGER, MR.ROY THOMAS.

¶1015

BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶1016

RESPONDENT/S:

¶1017

1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶1018

2 ASSISTANT LABOUR OFFICER 2ND CIRCLE, VELLAPPALLY LANE, KOTTAYAM-686 091.

¶1019

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI- 110 001.

¶1020

R1-R2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ASSISTANT SOLICITOR GENERAL

¶1021

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1022

- 55 -

¶1023

W.A.979 of 2018 & connected cases.

¶1024

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1025

PRESENT

¶1026

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1027

¶1028

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1029

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1030

WA.No.1224 OF 2018

¶1031

AGAINST THE ORDER/JUDGMENT IN WPC 40956/2016 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1032

APPELLANT/S:

¶1033

POTHAN & POTHAN AUTOMOBILES PVT LTD.

¶1034

DELTA TOWER, THANA, KANNUR-670 012.

¶1035

BY ADVS. SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶1036

RESPONDENT/S:

¶1037

1 STATE OF KERALA

¶1038

REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶1039

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110 001.

¶1040

3 SUJITH SUKUMAR

¶1041

POTHAN & POTHAN AUTHOMOBILES PVT. LTD., DELTA TOWER, THANA, KANNUR-670 012.

¶1042

R1 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ASSISTANT SOLICITOR GENERAL

¶1043

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1044

- 56 -

¶1045

W.A.979 of 2018 & connected cases.

¶1046

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1047

PRESENT

¶1048

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1049

¶1050

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1051

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1052

WA.No.1225 OF 2018

¶1053

AGAINST THE ORDER/JUDGMENT IN WPC 517/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1054

APPELLANT/S:

¶1055

TRAVANCORE MEDICAL COLLEGE

¶1056

MEDICITY, NH BYEPASS, THATTAMALA P.O., KOLLAM-691 020, REPRESENTED BY ITS EXECUTIVE DIRECTOR RAMEES A SALAM.

¶1057

BY ADVS. SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶1058

RESPONDENT/S:

¶1059

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶1060

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110 001.

¶1061

3 SINI RAJ TRAVANCORE MEDICAL COLLEGE, MEDICITY, NH BYEPASS, THATTAMALA P.O.,KOLLAM-691020.

¶1062

R1 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. SRI.K.A.BALAN, CGC

¶1063

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1064

- 57 -

¶1065

W.A.979 of 2018 & connected cases.

¶1066

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1067

PRESENT

¶1068

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1069

¶1070

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1071

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1072

WA.No.1233 OF 2018

¶1073

AGAINST THE ORDER/JUDGMENT IN WPC 10059/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1074

APPELLANT/S:

¶1075

INDEL MONEY PVT.LTD. THIRD FLOOR, INDEL HOUSE, CHANGAMPUZHA NAGAR, SOUTHKALAMASSERY, KOCHI - 682 033 REPRESENTED BY ITS DIRECTORMR. SALIL VENU.

¶1076

BY ADVS.

¶1077

SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶1078

RESPONDENT/S:

¶1079

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1080

2 ASSISTANT LABOUR OFFICER NEYYATTINKARA - 695 123.

¶1081

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶1082

R1-R2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ASSISTANT SOLICITOR GENERAL

¶1083

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1084

- 58 -

¶1085

W.A.979 of 2018 & connected cases.

¶1086

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1087

PRESENT

¶1088

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1089

¶1090

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1091

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1092

WA.No.1234 OF 2018

¶1093

AGAINST THE ORDER/JUDGMENT IN WPC 1905/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1094

APPELLANT/S:

¶1095

1 LAMIYA SILKS TRIPRAYAR, PIN-680566, REPRESENTED BY ITS MANAGING PARTNER, MOHAMED ASHIK.

¶1096

2 LAMIYA SILKS,

¶1097

PARAVOOR, PIN-683513, REPRESENTED BY ITS MANAGING PARTNER, MOHAMED ASHIK.

¶1098

3 LAMIYA SILKS, KUNNAMANGALAM, PIN-673571, REPRESENTED BY ITS MANAGING PARTNER, MOHAMED ASHIK.

¶1099

4 LAMIYA SILKS, WADAKKANCHERY, PIN-680582, REPRESENTED BY ITS MANAGING PARTNER, MOHAMED ASHIK.

¶1100

5 LAMIYA SILKS, THIRUR, PIN-676101, REPRESENTED BY ITS MANAGING PARTNER, MOHAMED ASHIK.

¶1101

6 LAMIYA SILKS, CALICUT, PIN-673004, REPRESENTED BY ITS MANAGING PARTNER, MOHAMMED MANSOOR.

¶1102

BY ADVS.

¶1103

SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶1104

- 59 -

¶1105

W.A.979 of 2018 & connected cases.

¶1106

RESPONDENT/S:

¶1107

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶1108

2 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110001.

¶1109

3 MOHAMED T H LAMIYA SILKS, TRIPRAYAR, PIN-680566.

¶1110

R1 BY GOVT PLEADER (B/O) R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R2 BY ADV. SRI.T.V.VINU CGC R2 BY ADV. A.S.G.I(BY ORDER)

¶1111

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1112

- 60 -

¶1113

W.A.979 of 2018 & connected cases.

¶1114

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1115

PRESENT

¶1116

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1117

¶1118

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1119

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1120

WA.No.1236 OF 2018

¶1121

AGAINST THE ORDER/JUDGMENT IN WPC 3438/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1122

APPELLANT/S:

¶1123

SMART SOFT,

¶1124

44/19B, AMBELIPADAM ROAD, VYTTILA JANATHA, COCHIN - 682 019,

¶1125

REPRESENTED BY ITS MANAGING PARTNER HARISH T.A.

¶1126

BY ADVS.

¶1127

SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶1128

RESPONDENT/S:

¶1129

1 STATE OF KERALA

¶1130

REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1131

2 UNION OF INDIA

¶1132

REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶1133

3 ASHISH VASUDEVAN

¶1134

SMART SOFT, 44/19B, AMBELIPADAM ROAD, VYTTILA JANATHA, COCHIN - 682 019.

¶1135

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. SRI.B.PREM KUMAR, CGC

¶1136

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1137

- 61 -

¶1138

W.A.979 of 2018 & connected cases.

¶1139

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1140

PRESENT

¶1141

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1142

¶1143

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1144

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1145

WA.No.1237 OF 2018

¶1146

AGAINST THE ORDER/JUDGMENT IN WPC 39642/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1147

APPELLANT/S:

¶1148

CHETHANA MERCHANDISE PRIVATE LIMITED

¶1149

6/15(5), CHETHANA COMPOUND, AMBALAKKAT ROAD, PERINTHALMANNA, MALAPPURAM - 679 322, REPRESENTED BY ITS DIRECTOR, K.P. PURUSHOTHAMAN.

¶1150

BY ADVS.

¶1151

SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶1152

RESPONDENT/S:

¶1153

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1154

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶1155

3 SREEKUMAR M. CHETHANA MERCHANDISE PRIVATE LIMITED, GROUND FLOOR, NAVAMI REGENCY, SITARAM MILL LANE, POONKUNNAM, THRISSUR - 680 002.

¶1156

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. ASSISTANT SOLICITOR GENERAL (BY ORDER)

¶1157

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1158

- 62 -

¶1159

W.A.979 of 2018 & connected cases.

¶1160

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1161

PRESENT

¶1162

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1163

¶1164

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1165

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1166

WA.No.1238 OF 2018

¶1167

AGAINST THE ORDER/JUDGMENT IN WPC 7593/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1168

APPELLANT/S:

¶1169

M/S. SAI SERVICE PVT. LTD. 50/1115L, CHERANALLOOR ROAD, EDAPALLY,P.O,, KOCHI 682 024.

¶1170

REPRESENTED BY ITS AUTHORIZED SIGNATORY P.G SUNIL

¶1171

BY ADVS.

¶1172

SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶1173

RESPONDENT/S:

¶1174

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶1175

2 ASSISTANT LABOUR OFFICER 1ST CIRCLE, CIVIL STATION,ERNAKULAM 682 030

¶1176

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI 110 001.

¶1177

R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ADV. SRI.S.BIJU, CGC (BY ORDER)

¶1178

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1179

- 63 -

¶1180

W.A.979 of 2018 & connected cases.

¶1181

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1182

PRESENT

¶1183

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1184

¶1185

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1186

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1187

WA.No.1240 OF 2018

¶1188

AGAINST THE ORDER/JUDGMENT IN WPC 9965/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1189

APPELLANT/S:

¶1190

M/S. KERALA CRS PVT. LTD

¶1191

1ST FLOOR, INDEL HOUSE, CHANGAMPUZHA NAGAR, SOUTH KALAMASSERY, KOCHI - 682 033. REPRESENTED BY ITS DIRECTOR MR. SALIL VENU.

¶1192

BY ADVS.

¶1193

SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶1194

RESPONDENT/S:

¶1195

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1196

2 ASSISTANT LABOUR OFFICER 2ND CIRCLE, CIVIL STATION, ERNAKULAM - 682 030.

¶1197

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶1198

R1-R2 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R3 BY ADV. SRI.RAJAGOPALAN.A., CGC

¶1199

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1200

- 64 -

¶1201

W.A.979 of 2018 & connected cases.

¶1202

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1203

PRESENT

¶1204

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1205

¶1206

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1207

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1208

WA.No.1241 OF 2018

¶1209

AGAINST THE ORDER/JUDGMENT IN WPC 1904/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1210

APPELLANT/S:

¶1211

1 LAMIYA SILKS NILAMBUR, PIN-679 329, REPRESENTED BY ITS PROPRIETOR P.M.ABDUL JABBAR.

¶1212

2 LAMIYA SILKS MANNARKAD, PIN-678 582, REPRESENTED BY ITS PROPRIETOR P.M.ABDUL JABBAR.

¶1213

3 LAMIYA SILKS, PATTAMBI PIN-679 306, REPRESENTED BY ITS PROPRIETOR P.M.ABDUL JABBAR.

¶1214

4 LAMIYA SILKS, KUNNAMKULAM, PIN-673 571, REPRESENTED BY ITS PROPRIETOR P.M.ABDUL JABBAR.

¶1215

5 LAMIYA SILKS MOONNUPPEDIKA PIN-680 686, REPRESENTED BY ITS PROPRIETOR P.M.ABDUL JABBAR.

¶1216

6 LAMIYA SILKS PALARIVATTOM PIN-682 025, REPRESENTED BY ITS PROPRIETOR P.M.ABDUL JABBAR.

¶1217

7 LAMIYA SILKS MANJERI PIN-676 121, REPRESENTED BY ITS PROPRIETOR P.M.ABDUL JABBAR.

¶1218

BY ADVS.

¶1219

SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL.

¶1220

- 65 -

¶1221

W.A.979 of 2018 & connected cases.

¶1222

RESPONDENT/S:

¶1223

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR ANDSKILLS DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.

¶1224

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI-110 O01.

¶1225

3 JAYAKUMAR.T. LAMIYA SILKS, NILAMBUR, PIN-679 329.

¶1226

R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R2 BY ADV. SRI.K.A.BALAN, CGC

¶1227

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1228

- 66 -

¶1229

W.A.979 of 2018 & connected cases.

¶1230

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1231

PRESENT

¶1232

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1233

¶1234

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1235

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1236

WA.No.1242 OF 2018

¶1237

AGAINST THE ORDER/JUDGMENT IN WPC 12026/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1238

APPELLANT/S:

¶1239

SNA OUSHADHASALA PVT LTD MOOSPET ROAD, EAST FORT (P.O.), THRISSUR - 680 005. REPRESENTED BY ITS MANAGING DIRECTOR, DR.PTN VASUDEVAN MOOSS.

¶1240

BY ADVS.

¶1241

SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶1242

RESPONDENT/S:

¶1243

1 STATE OF KERALA

¶1244

REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1245

2 UNION OF INDIA

¶1246

REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶1247

3 RAMAN M.S. SNA OUSHADHASALA PVT.LTD., MOOSPET ROAD, EAST FORT (P.O.), THRISSUR - 680 005.

¶1248

R1 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. SRI.DINESH R.SHENOY, CGC

¶1249

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1250

- 67 -

¶1251

W.A.979 of 2018 & connected cases.

¶1252

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1253

PRESENT

¶1254

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1255

¶1256

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1257

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1258

WA.No.1243 OF 2018

¶1259

AGAINST THE ORDER/JUDGMENT IN WPC 9969/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1260

APPELLANT/S:

¶1261

INDEL AUTOMOTIVES KOCHI PVT.LTD FIRST FLOOR, INDEL HOUSE, CHANGAMPUZHA NAGAR, SOUTH KALAMASSERY, KOCHI - 682 033, REPRESENTED BY ITS DIRECTOR, MR. SALIL VENU.

¶1262

BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶1263

RESPONDENT/S:

¶1264

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1265

2 ASSISTANT LABOUR OFFICER 2ND CIRCLE, CIVIL STATION, KAKKANAD, KOCHI - 682 030.

¶1266

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001. R1 & R2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ADV. SRI.HARIDAS P.NAIR, CGC R3 BY ADV. SRI.K.THYAGARAJESWARAN CGC

¶1267

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1268

- 68 -

¶1269

W.A.979 of 2018 & connected cases.

¶1270

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1271

PRESENT

¶1272

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1273

¶1274

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1275

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1276

WA.No.1244 OF 2018

¶1277

AGAINST THE ORDER/JUDGMENT IN WPC 39126/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1278

APPELLANT/S:

¶1279

FILING PHARMACEUTICALS PRIVATE LIMITED

¶1280

NO. B1, 31/441/5, FIRST FLOOR, NAVAMY REGENCY, SITARAM MILL ROAD, PUNKUNNAM P.O.,

¶1281

THRISSUR - 680 002.

¶1282

REPRESENTED BY ITS MANAGING DIRECTOR MADHUSUDHANAN K.

¶1283

BY ADVS.

¶1284

SRI.K.K.PREMALAL

¶1285

SRI.VISHNU JYOTHIS LAL

¶1286

RESPONDENT/S:

¶1287

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1288

2 UNION OF INDIA

¶1289

REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR,

¶1290

NEW DELHI - 110 001.

¶1291

3 SURESH M.

¶1292

FLING PHARMACEUTICALS PRIVATE LIMITED,

¶1293

NO. B1, 31/441/5, FIRST FLOOR, NAVAMY REGENCY,

¶1294

SITARAM MILL ROAD, PUNKUNNAM P.O., THRISSUR - 680 002.

¶1295

R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R2 BY ADV. SRI.H.GOPAKUMAR, CGC

¶1296

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1297

- 69 -

¶1298

W.A.979 of 2018 & connected cases.

¶1299

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1300

PRESENT

¶1301

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1302

¶1303

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1304

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1305

WA.No.1246 OF 2018

¶1306

AGAINST THE ORDER/JUDGMENT IN WPC 5821/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1307

APPELLANT/S:

¶1308

ERNAD ENGINEERING ENTERPRISES

¶1309

V.K. TRADE CENTRE, DOWN HILL P.O.,TIRUR ROAD,

¶1310

MALAPPURAM - 676 519,

¶1311

REPRESENTED BY ITS MANAGING PARTNER HASHIM.

¶1312

BY ADVS.

¶1313

SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶1314

RESPONDENT/S:

¶1315

1 STATE OF KERALA

¶1316

REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1317

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶1318

3 RAJESH C. NAIR ERNAD ENGINEERING ENTERPRISES,V.K. TRADE CENTRE, DOWN HILL P.O., TIRUR ROAD, MALAPPURAM - 676 519.

¶1319

R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R2 BY ADV. SRI.JAISHANKAR V.NAIR, CGC

¶1320

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1321

- 70 -

¶1322

W.A.979 of 2018 & connected cases.

¶1323

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1324

PRESENT

¶1325

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1326

¶1327

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1328

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1329

WA.No.1247 OF 2018

¶1330

AGAINST THE ORDER/JUDGMENT IN WPC 2308/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1331

APPELLANT/S:

¶1332

1 ELITE SUPER MARKET

¶1333

SREE VADAKKUNATHAN SHOPPING COMPLEX, WEST PALLITHANAM, THRISSUR - 680 020 REPRESENTED BY ITS MANAGING PARTNER

¶1334

T.R. VIJAYAKUMAR.

¶1335

2 ELITE SUPER MARKET SELEX MALL, EAST FORT, THRISSUR - 680 005 REPRESENTED BY ITS MANAGING PARTNER T.R VIJAYAKUMAR.

¶1336

3 ELITE SUPER MARKET DOOR NO. 16/411/3, KAKKASSERY SOUK, THRISSUR ROAD, KUNNAMKULAM, THRISSUR - 680 503, REPRESENTED BY ITS MANAGING PARTNER T.R. VIJAYAKUMAR.

¶1337

4 ELITE SUPER MARKET PUKALAKKATT VAKAYIL TOWERS, KOTHAKULANGARA, ANGAMALY - 683 572, REPRESENTED BY ITS MANAGING PARTNER T.R. VIJAYAKUMAR.

¶1338

5 ELITE SUPER MARKET GODOWN, DOOR NO. 31/204/205, POONKUNNAM, THRISSUR, REPRESENTED BY ITS MANAGING PARTNER T.R. VIJAYAKUMAR.

¶1339

BY ADVS. SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL.

¶1340

- 71 -

¶1341

W.A.979 of 2018 & connected cases.

¶1342

RESPONDENT/S:

¶1343

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1344

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶1345

3 BENNY K.P. ELITE SUPER MARKET, SREE VADAKKUNATHAN SHOPPING COMPLEX, WEST PALLITHANAM, THRISSUR - 680 020.

¶1346

R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY R2 BY ADV. SRI.SUVIN R.MENON, CGC

¶1347

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1348

- 72 -

¶1349

W.A.979 of 2018 & connected cases.

¶1350

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1351

PRESENT

¶1352

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1353

¶1354

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1355

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1356

WA.No.1253 OF 2018

¶1357

AGAINST THE ORDER/JUDGMENT IN WPC 10400/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1358

APPELLANT/S:

¶1359

KERALA BAR HOTELS ASSOCIATION

¶1360

(THRISSUR DISTRICT UNIT)KBHA HOUSE, 1ST STREET, CEMETERY ROAD,MISSION QUARTERS, THRISSUR-1 REPRESENTED BY PRESIDENT SQN.LDR.K.B. PADMADAS

¶1361

BY ADVS.

¶1362

SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶1363

RESPONDENT/S:

¶1364

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001.

¶1365

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI 110 001.

¶1366

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. KRISHNA DAS P NAIR, CGC (B/O)

¶1367

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1368

- 73 -

¶1369

W.A.979 of 2018 & connected cases.

¶1370

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1371

PRESENT

¶1372

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1373

¶1374

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1375

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1376

WA.No.1254 OF 2018

¶1377

AGAINST THE ORDER/JUDGMENT IN WPC 40957/2016 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1378

APPELLANT/S:

¶1379

PIONEER CARS (INDIA) PVT. LTD. TMC 1/50,KODUVALLY, THALASSERY 670 105.

¶1380

BY ADVS. SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶1381

RESPONDENT/S:

¶1382

1 STATE OF KERALA

¶1383

REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & SKILLS DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶1384

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI 110 001.

¶1385

3 JOY V.J PIONEER CARD(INDIA) PVT LTD,TMC 1/50,KODUVALLY, THALASSERY 670 105.

¶1386

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY SRI.K.THYAGARAJESWARAN, CGC

¶1387

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1388

- 74 -

¶1389

W.A.979 of 2018 & connected cases.

¶1390

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1391

PRESENT

¶1392

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1393

¶1394

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1395

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1396

WA.No.1256 OF 2018

¶1397

AGAINST THE ORDER/JUDGMENT IN WPC 727/2017 OF HIGH COURT OF KERALA

¶1398

APPELLANT/S:

¶1399

M/S. POPULAR AUTO DEALERS PVT. LTD KUTTUKARAN CENTRE, MAMANGALAM, ERNAKULAM,

¶1400

KOCHI-682025, REPRESENTED BY ITS HR MANAGER, MR. ROY THOMAS.

¶1401

BY ADVS.

¶1402

SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶1403

RESPONDENT/S:

¶1404

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶1405

2 ASSISTANT LABOUR OFFICER GR II, 2ND CIRCLE, THRISSUR-682021.

¶1406

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110001.

¶1407

R1-R2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ASSISTANT SOLICITOR GENERAL

¶1408

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1409

- 75 -

¶1410

W.A.979 of 2018 & connected cases.

¶1411

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1412

PRESENT

¶1413

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1414

¶1415

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1416

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1417

WA.No.1257 OF 2018

¶1418

AGAINST THE ORDER/JUDGMENT IN WPC 8534/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1419

APPELLANT/S:

¶1420

M/S ADECCO INDIA PVT.LTD 41/1044A, 1ST FLOOR, KRC HOUSE, VEEKSHANAM ROAD, COCHIN-682018, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR.MAHESWARAN.

¶1421

BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶1422

RESPONDENT/S:

¶1423

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

¶1424

2 ASSISTANT LABOUR OFFICER 1ST CIRCLE, CIVIL STATION, KAKKANAD, ERNAKULAM-682030.

¶1425

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110001.

¶1426

R1-R2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ASSISTANT SOLICITOR GENERAL

¶1427

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1428

- 76 -

¶1429

W.A.979 of 2018 & connected cases.

¶1430

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1431

PRESENT

¶1432

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1433

¶1434

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1435

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1436

WA.No.1265 OF 2018

¶1437

AGAINST THE ORDER/JUDGMENT IN WPC 21797/2016 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1438

APPELLANT/S:

¶1439

M/S. CATHOLIC HOSPITAL ASSOCIATION OF INDIA KERALA UNIT, PASTORAL ORIENTATION CENTRE,PALARIVATTOM, KOCHI - 682 028., REPRESENTED BY ITS EXECUTIVE DIRECTOR, FR. SIMON PALLUPETTA.

¶1440

BY ADV. SRI.ISSAC M.PERUMPILLIL

¶1441

RESPONDENT/S:

¶1442

1 THE UNION OF INDIA REP. BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶1443

2 THE STATE OF KERALA REP. BY ITS SECRETARY,LABOUR & WELFARE, DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1444

R1 BY ASSISTANT SOLICITOR GENERAL R2 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY

¶1445

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1446

- 77 -

¶1447

W.A.979 of 2018 & connected cases.

¶1448

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1449

PRESENT

¶1450

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1451

¶1452

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1453

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1454

WA.No.1266 OF 2018

¶1455

AGAINST THE ORDER/JUDGMENT IN WPC 39796/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1456

APPELLANT/S:

¶1457

ECESIS BPO SERVICES (P) LTD C,G,52, CINNAMON GARDENS, KALLAYAM ROAD, VAZHAYILA, KARAKULAM P.O., THIRUVANANTHAPURAM-695564, KERALA, REPRESENTED BY ITS MANAGING DIRECTOR, MR.T.K.VELAYUDHAM, AGED 58YEARS, S/O K.V.KRISHNAN, RESIDING AT C.G.52, CINNAMON GARDENS, KALLAYAM ROAD VAZHAYILA, KARAKULAM P.O., THIRUVANANTHAPURAM-695564, KERALA.

¶1458

BY ADVS. SRI.VARGHESE K.PAUL SRI.ANITH JAMES SMT.BINDHU ANTONY SRI.VINEED ABRAHAM

¶1459

RESPONDENT/S:

¶1460

1 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110 001.

¶1461

2 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR & WELFAREDEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶1462

R1 BY ADV. SRI.M.C.MONY, CGC (BY ORDER) R2 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY

¶1463

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1464

- 78 -

¶1465

W.A.979 of 2018 & connected cases.

¶1466

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1467

PRESENT

¶1468

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1469

¶1470

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1471

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1472

WA.No.1267 OF 2018

¶1473

AGAINST THE ORDER/JUDGMENT IN WPC 4389/2018 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1474

APPELLANT/S:

¶1475

M/S. BERGER KING INDIA PRIVATE LIMITED CORPORATE IDENTITY NUMBER U55204MH2013FTC249986,UNIT NOS.1003 TO 1007, 10TH FLOOR,MITTAL COMMERCIA, ASAN PADA ROAD, CHIMATPADA, MAROL, ANDHERI EAST,MUMBAI-400 059, MAHARASHTRA,

¶1476

REP; BY ITS CHIEF PEOPLE OFFICER, NAMRATA TIWARI.

¶1477

BY ADVS. SRI.ISSAC M.PERUMPILLIL SRI.JIJO PAUL KALLOOKKARAN

¶1478

RESPONDENT/S:

¶1479

1 THE UNION OF INDIA REP. BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI -110 001.

¶1480

2 THE STATE OF KERALA, REP. BY ITS SECRETARY, LABOUR & WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶1481

R1 BY ADV. SRI.V.GIRISH KUMAR, CGC (BY ORDER) R2 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY

¶1482

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1483

- 79 -

¶1484

W.A.979 of 2018 & connected cases.

¶1485

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1486

PRESENT

¶1487

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1488

¶1489

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1490

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1491

WA.No.1268 OF 2018

¶1492

AGAINST THE ORDER/JUDGMENT IN WPC 38582/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1493

APPELLANT/S:

¶1494

GENBIOTEC PRIVATE LIMITED

¶1495

15/77-A, 6TH STREET, ISLAND AVENUE,LENIN NAGAR, PUNKUNNAM, TRICHUR - 680 002, REPRESENTED BY ITS MANAGING DIRECTOR, V.MADHUSUDHNAN.

¶1496

BY ADVS. SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶1497

RESPONDENT/S:

¶1498

1 STATE OF KERALA

¶1499

REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1500

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶1501

3 KUTTIKRISHNAN K. GENBIOTEC PRIVATE LIMITED,15/77-A, 6TH STREET, ISLAND AVENUE,LENIN NAGAR, PUNKUNNAM, TRICHUR - 680 002.

¶1502

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. SRI.SUVIN R.MENON, CGC

¶1503

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1504

- 80 -

¶1505

W.A.979 of 2018 & connected cases.

¶1506

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1507

PRESENT

¶1508

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1509

¶1510

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1511

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1512

WA.No.1269 OF 2018

¶1513

AGAINST THE ORDER/JUDGMENT IN WPC 40954/2016 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1514

APPELLANT/S:

¶1515

PIONEER MOTORS (KANNUR) PVT. LTD. BYPASS ROAD, KIZHUTHALLI, KANNUR-670 018.

¶1516

BY ADVS.

¶1517

SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶1518

RESPONDENT/S:

¶1519

1 STATE OF KERALA

¶1520

REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.

¶1521

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI-110 001.

¶1522

3 RAMAKRISHNAN A PIONEER MOTORS (KANNUR) PVT. LTD.,BYPASS ROAD, KIZHUTHALLI, KANNUR-670 018.

¶1523

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ASSISTANT SOLICITOR GENERAL

¶1524

R2 BY ADV. SRI.K.THYAGARAJESWARAN CGC

¶1525

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1526

- 81 -

¶1527

W.A.979 of 2018 & connected cases.

¶1528

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1529

PRESENT

¶1530

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1531

¶1532

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1533

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1534

WA.No.1270 OF 2018

¶1535

AGAINST THE ORDER/JUDGMENT IN WPC 30316/2016 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1536

APPELLANT/S:

¶1537

1 BHIMA JEWELS,

¶1538

JEWEL JUNCTION, MG ROAD, ERNAKULAM-16, REPRESENTED BY ITS MANAGING PARTNER B. BINDUMADHAV.

¶1539

2 BHIMA JEWELS,

¶1540

T.B. ROAD, KOTTAYAM,

¶1541

REPRESENTED BY ITS MANAGING PARTNER B. BINDUMADHAV.

¶1542

3 BHIMA JEWELS,

¶1543

UNIT OF BHIMA BOUTIQUE PVT. LTD., BYPASS ROAD, EDAPPALLY, ERNAKULAM-24, REPRESENTED BY ITS MANAGING DIRECTOR B. BINDUMADHAV.

¶1544

4 BHIMA JEWELS, AMBALAM BYPASS ROAD, UNIT OF BHIMA BOUTIQUE PVT. LTD., THODUPUZHA, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGING PARTNER B. BINDUMADHAV.

¶1545

5 BHIMA SILVER PALACE,

¶1546

LAYAM ROAD, OFF. MG ROAD, ERNAKULAM-16, REPRESENTED BY ITS PROPRIETOR B. BINDUMADHAV.

¶1547

6 BHIMA JEWELS, UNIT OF BHIMA SILVER PALACE, DOOR NO.13/431, THULASI TOWERSM OPP. TO KSRTC BUS STAND, PUNALOOR-691305, REPRESENTED BY ITS PROPRIETOR B. BINDUMADHAV.

¶1548

BY ADVS. SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL.

¶1549

- 82 -

¶1550

W.A.979 of 2018 & connected cases.

¶1551

RESPONDENT/S:

¶1552

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶1553

2 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOOUR, NEW DELHI-110001.

¶1554

3 D. SASIKUMAR, BHIMA JEWELS, JEWEL JUNCTION, MG ROAD, ERNAKULAM-16.

¶1555

4 BIJILAL, BHIMA JEWELS, TB ROAD, KOTTAYAM.

¶1556

5 BALAKRISHNAN V.N.,

¶1557

BHIMA JEWELS, UNION OF BHIMA BOUTIQUE PVT. LTD., BYPASS ROAD, EDAPPALLY, ERNAKULAM-24.

¶1558

6 HARIKRISHNAN M.N., BHIMA JEWELS, AMBALAM BYPASS ROAD, UNIT OF BHIMA BOUTIQUE PVT. LTD., THODUPUZHA, IDUKKI DISTRICT.

¶1559

7 SRIKANTH N.K., BHIMA SILVER PALACE, LAYAM ROAD, OFF. MG ROAD, ERNAKULAM-16.

¶1560

8 M. SUMESH, BHIMA JEWELS, UNIT OF BHIMA SILVER PALACE, DOOR NO.13/431, THULASI TOWERS, OPP. TO KSRTC BUS STAND, PUNALOOR-691305.

¶1561

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. SRI.S.VAIDYANATHAN CGC

¶1562

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1563

- 83 -

¶1564

W.A.979 of 2018 & connected cases.

¶1565

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1566

PRESENT

¶1567

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1568

¶1569

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1570

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1571

WA.No.1271 OF 2018

¶1572

AGAINST THE ORDER/JUDGMENT IN WPC 7651/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1573

APPELLANT/S:

¶1574

M/S. SAI SERVICES SPARES & ACCESSORIES PVT.LTD MUTTOM, THAIKKAVU, THAIKKATTUKARA, ALUVA, KOCHI-683106,

¶1575

REPRESENTED BY ITS AUTHORIZED SIGNATORY P.G. SUNIL.

¶1576

BY ADVS.

¶1577

SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶1578

RESPONDENT/S:

¶1579

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM - 695001.

¶1580

2 ASSISTANT LABOUR OFFICER, ALUVA, KOCHI -683101.

¶1581

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110001.

¶1582

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY STATE ATTORNEY R3 BY ADV. SRI.V.R RAKESH,CGC(BY ORDER)

¶1583

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1584

- 84 -

¶1585

W.A.979 of 2018 & connected cases.

¶1586

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1587

PRESENT

¶1588

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1589

¶1590

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1591

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1592

WA.No.1272 OF 2018

¶1593

AGAINST THE ORDER/JUDGMENT IN WPC 6438/2017 OF HIGH COURT OF KERALA

¶1594

APPELLANT/S:

¶1595

M/S. KUTTUKARAN TRADING COMPANY KUTTUKARAN CENTRE, MAMANGALAM, ERNAKULAM,

¶1596

KOCHI - 682025,

¶1597

REPRESENTED BY ITS HR MANAGER, MR. ROY THOMAS.

¶1598

BY ADVS.

¶1599

SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶1600

RESPONDENT/S:

¶1601

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶1602

2 ASSISTANT LABOUR OFFICER 2ND CIRCLE, CIVIL STATION,KAKKANAD, KOCHI-682030.

¶1603

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI-110001.

¶1604

R1-R2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ASSISTANT SOLICITOR GENERAL

¶1605

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1606

- 85 -

¶1607

W.A.979 of 2018 & connected cases.

¶1608

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1609

PRESENT

¶1610

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1611

¶1612

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1613

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1614

WA.No.1273 OF 2018

¶1615

AGAINST THE ORDER/JUDGMENT IN WPC 7632/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1616

APPELLANT/S:

¶1617

M/S. INNOVATIVE FOODS LTD CHAKOLAS HABITAT, A BLOCK, 1C,THEVARA FERRY ROAD, COCHIN - 682 012, REPRESENTED BY ITS WHOLE TIME DIRECTOR, MR.P.MANOJKUMAR.

¶1618

BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶1619

RESPONDENT/S:

¶1620

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1621

2 ASSISTANT LABOUR OFFICER FIRST CIRCLE, CIVIL STATION,KAKKANADU, KOCHI - 682 021.

¶1622

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶1623

R1-R2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ADV. SRI.TULASI PANICKER, CGC

¶1624

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1625

- 86 -

¶1626

W.A.979 of 2018 & connected cases.

¶1627

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1628

PRESENT

¶1629

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1630

¶1631

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1632

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1633

WA.No.1274 OF 2018

¶1634

AGAINST THE ORDER/JUDGMENT IN WPC 9952/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1635

APPELLANT/S:

¶1636

MGF MOTORS LTD

¶1637

FIRST FLOOR, INDEL HOUSE,CHANGAMPUZHA NAGAR, SOUTH KALAMASSERY,KOCHI - 682 033, REPRESENTGED BY ITS DIRECTOR,MR.SALIL VENU.

¶1638

BY ADV. SRI.P.BENNY THOMAS

¶1639

RESPONDENT/S:

¶1640

1 STATE OF KERALA

¶1641

REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1642

2 ASSISTANT LABOUR OFFICER 2ND CIRCLE, CIVIL STATION,KAKKANAD, KOCHI - 682 030.

¶1643

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶1644

R1-R2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ADV. SRI.R.PRASANTH KUMAR, CGC

¶1645

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1646

- 87 -

¶1647

W.A.979 of 2018 & connected cases.

¶1648

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1649

PRESENT

¶1650

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1651

¶1652

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1653

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1654

WA.No.1275 OF 2018

¶1655

AGAINST THE ORDER/JUDGMENT IN WPC 2256/2018 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1656

APPELLANT/S:

¶1657

SANTA MONICA STRDY ABROAD PVT. LTD. BIO ARCADE BUILDING, LAYAM ROAD, COCHIN 682 011, REPRESENTED BY ITS MANAGING DIRECTOR, DENNY THOMAS, S/O.THOMAS VATTAKUNNEL, RESIDING AT VATTAKUNNEL HOUSE, ST VINCENT ROAD, PALARIVATTOM, ERNAKULAM - 682 025, KERALA.

¶1658

BY ADVS. SRI.VARGHESE K.PAUL SRI.ANITH JAMES SMT.BINDHU ANTONY SRI.VINEED ABRAHAM

¶1659

RESPONDENT/S:

¶1660

1 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶1661

2 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR & WELFARE DEPARTMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1662

R1 BY ADV. SRI.TULASI PANICKER CGC R2 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY

¶1663

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1664

- 88 -

¶1665

W.A.979 of 2018 & connected cases.

¶1666

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1667

PRESENT

¶1668

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1669

¶1670

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1671

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1672

WA.No.1281 OF 2018

¶1673

AGAINST THE ORDER/JUDGMENT IN WPC 11255/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1674

APPELLANT/S:

¶1675

KOTT SOFTWARE PVT.LTD., VALLAMATTOM ESTATE, M.G. ROAD,RAVIPURAM, KOCHI – 682015, REPRESENTED BY ITS MANAGING DIRECTOR, MR. JAMES MATHEW.

¶1676

BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶1677

RESPONDENT/S:

¶1678

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

¶1679

2 ASSISTANT LABOUR OFFICER CIVIL STATION, KAKKANAD, KOCHI - 682030.

¶1680

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110001.

¶1681

R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ADV. SRI.B.PREM KUMAR, CGC

¶1682

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1683

- 89 -

¶1684

W.A.979 of 2018 & connected cases.

¶1685

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1686

PRESENT

¶1687

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1688

¶1689

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1690

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1691

WA.No.1294 OF 2018

¶1692

AGAINST THE ORDER/JUDGMENT IN WPC 34351/2016 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1693

APPELLANT/S:

¶1694

RAJESH METALS

¶1695

BY BEENS SQUARE, 1 ST FLOOR, NEELANDANPADY, PARAMPUZHA P.O., THIRUVANCHOOR, KOTTAYAM - 686 004. REPRESENTED BY ITS MANAGING PARTNER RAJESH G.

¶1696

BY ADVS.

¶1697

SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶1698

RESPONDENT/S:

¶1699

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1700

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶1701

3 M.V. BABU RAJESH METALS, XIV/VAYASKARA HILLS, PALACE ROAD, KOTTAYAM - 686 001.

¶1702

- 90 -

¶1703

W.A.979 of 2018 & connected cases.

¶1704

4 GOPINATHAN NAIR RAJESH METALS, XIV/VAYASKARA HILLS, PALACE ROAD, KOTTAYAM - 686 001.

¶1705

R1 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. SRI.KRISHNADAS P.NAIR, CGC

¶1706

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1707

- 91 -

¶1708

W.A.979 of 2018 & connected cases.

¶1709

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1710

PRESENT

¶1711

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1712

¶1713

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1714

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1715

WA.No.1295 OF 2018

¶1716

AGAINST THE ORDER/JUDGMENT IN WPC 40288/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1717

APPELLANT/S:

¶1718

MUTHOOT HEALTH CARE PVT. LTD. COLLEGE ROAD, KOZHENCHERY, PATANAMTHITTA - 689 641, REPRESENTED BY ITS MANAGING DIRECTOR DR. GEORGE KURIAN MUTHOOT.

¶1719

BY ADVS. SRI.ALEX.M.SCARIA SMT.SARITHA THOMAS

¶1720

RESPONDENT/S:

¶1721

STATE OF KERALA REPRESENTED BY ITS SECRETARY (LABOUR AND SKILLS (E) DEPARTMENT), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1722

R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY

¶1723

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1724

- 92 -

¶1725

W.A.979 of 2018 & connected cases.

¶1726

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1727

PRESENT

¶1728

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1729

¶1730

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1731

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1732

WA.No.1325 OF 2018

¶1733

AGAINST THE ORDER/JUDGMENT IN WPC 40893/2016 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1734

APPELLANT/S:

¶1735

AYURVEDA HOSPITAL MANAGEMENT ASSOCIATION AYSWARYA HOSPITAL, PUKKATTUPADY, ALUVA-683561 REPRESENTED BY ITS GENERAL SECRETARY DR. C.S KRISHNAKUMAR.

¶1736

BY ADVS.

¶1737

SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶1738

RESPONDENT/S:

¶1739

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶1740

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI 110 001

¶1741

R1 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ASSISTANT SOLICITOR GENERAL

¶1742

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1743

- 93 -

¶1744

W.A.979 of 2018 & connected cases.

¶1745

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1746

PRESENT

¶1747

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1748

¶1749

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1750

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1751

WA.No.1326 OF 2018

¶1752

AGAINST THE ORDER/JUDGMENT IN WPC 10193/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1753

APPELLANT/S:

¶1754

M/S. INDEL AUTOMOTIVE PVT. LTD.

¶1755

FIRST FLOOR, INDEL HOUSE, CHANGAMPUZHA NAGAR, SOUTH KALAMASSERY,KOCHI-682 033. REPRESENTED BY ITS DIRECTOR MR. SALIL VENU.

¶1756

BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶1757

RESPONDENT/S:

¶1758

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.

¶1759

2 ASSISTANT LABOUR OFFICER CIVIL STATION, KAKKANAD,KOCHI 682 030.

¶1760

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI 110 001.

¶1761

R1 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY R2 BY GOVERNMENT PLEADER

¶1762

R3 BY ASSISTANT SOLICITOR GENERAL

¶1763

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1764

- 94 -

¶1765

W.A.979 of 2018 & connected cases.

¶1766

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1767

PRESENT

¶1768

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1769

¶1770

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1771

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1772

WA.No.1327 OF 2018

¶1773

AGAINST THE ORDER/JUDGMENT IN WPC 12502/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1774

APPELLANT/S:

¶1775

M/S. OMEGA MOTORS PVT LTD FIRST FLOOR, INDEL HOUSE, CHANGAMPUZHA NAGAR, SOUTH KALAMASSERY, KOCHI - 682 033 REPRESENTED BY ITS DIRECTOR, MR. SALIL VENU.

¶1776

BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶1777

RESPONDENT/S:

¶1778

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1779

2 ASSISTANT LABOUR OFFICER 2ND CIRCLE, CIVIL STATION, KAKKANAD, KOCHI - 682 030.

¶1780

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶1781

R1 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY R2 BY STATE ATTORNEY R3 BY ADV. SRI.H.GOPAKUMAR, CGC

¶1782

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1783

W.A.979 of 2018 & - 95 - connected cases.

¶1784

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1785

PRESENT

¶1786

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1787

¶1788

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1789

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1790

W.A.No.1332 OF 2018

¶1791

AGAINST THE ORDER/JUDGMENT IN WPC 10180/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1792

APPELLANT/S:

¶1793

1 CHAKIAT AGENCIES PVT. LTD. REGD. OFFICE AT 40, RAJAJI SALAI, CHENNAI- 600 001. REPRESENTED BY MR.M.JAIRAM, ITS DIRECTOR.

¶1794

2 CHAKIAT SHIPPING SERVICES PVT. LTD. REGD. OFFICE AT VAISHNAV, 95/19 RACE COURSE ROAD, COIMBATORE, REPRESENTED BY MR. M. JAIRAM, ITS DIRECTOR.

¶1795

3 CHAKIAT AGENCIES REGD. OFFICE AT PB NO.525, WILLINGDON ISLAND, COCHIN-682003, REPRESENTED BY MR. M. JAIRAM,ITS PARTNER.

¶1796

4 C A LOGISTICS PVT. LTD. REGD.OFFICE AT OLD NO.33/NEW NO.17, THAMBUCHETTY STREET, 2ND FLOOR, LAKSHMI TOWER, CHENNAI 600 001, REPRESENTED BY MR.SIVADAS G, ITS DIRECTOR.

¶1797

BY ADVS. SMT.LATHA ANAND SRI.JOSEPH SEBASTIAN (PARACKAL) SRI.M.N.RADHAKRISHNA MENON

¶1798

RESPONDENT/S:

¶1799

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1800

- 96 -

¶1801

W.A.979 of 2018 & connected cases.

¶1802

2 THE LABOUR COMMISSIONER OFFICE OF THE LABOUR COMMISSIONER, THIRUVANANTHAPURAM - 695 001.

¶1803

3 THE ASSTT. LABOUR OFFICER, FORT KOCHI.

¶1804

4 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI 110001.

¶1805

R1-R3 BY SRI.K.V.SOHAN, STATE ATTORNEY R4 BY ADV. SMT.KEERTHI SOLOMON, CGC

¶1806

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1807

- 97 -

¶1808

W.A.979 of 2018 & connected cases.

¶1809

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1810

PRESENT

¶1811

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1812

¶1813

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1814

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1815

WA.No.1355 OF 2018

¶1816

AGAINST THE ORDER/JUDGMENT IN WPC 9786/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1817

APPELLANT/S:

¶1818

ALL KERALA CHEMIST & DRUGGISTS ASSOCIATION REPRESENTED BY ITS GENERAL SECRETARY, THOMAS RAJU,CHEMISTS BHAVAN, VIVEKANANDA ROAD, OPP.SOUTH RAILWAY STATION,KOCHI-682 016.

¶1819

BY ADV. SRI.SURAJ.S

¶1820

RESPONDENT/S:

¶1821

1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF LABOUR, CENTRAL SECRETARIAT, NEW DELHI-110011.

¶1822

2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR AND SKILLS, SECRERTARIATE, THIRUVANANTHAPURAM-695 001.

¶1823

R1 BY ADV. ASSISTANT SOLICITOR GENERAL(B/O), R1 BY ADV. SRI.DINESH R.SHENOY CGC R2 BY ADV. SRI.K.V.SOHAN,STATE ATTORNEY(B/O)

¶1824

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1825

- 98 -

¶1826

W.A.979 of 2018 & connected cases.

¶1827

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1828

PRESENT

¶1829

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1830

¶1831

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1832

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1833

WA.No.1366 OF 2018

¶1834

AGAINST THE ORDER/JUDGMENT IN WPC 4625/2017 OF HIGH COURT OF KERALA

¶1835

APPELLANT/S:

¶1836

M/S. POPULAR MOTOR CORPORATION 33/2361 A, GEETHANJALI STOP, NH BYPASS, VYTILLA P.O., KOCHI - 632 019, REPRESENTED BY AUTHORISED SIGNATORY, MR. SIMON M. XAVIER, VICE PRESIDENT.

¶1837

BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶1838

RESPONDENT/S:

¶1839

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1840

2 ASSISTANT LABOUR OFFICER, KOCHI - 682 001. 3 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶1841

R1-2 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY (B/O) R3 BY ADV. SMT.PREMALATHA K. NAIR, CGC (BY ORDER)

¶1842

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1843

- 99 -

¶1844

W.A.979 of 2018 & connected cases.

¶1845

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1846

PRESENT

¶1847

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1848

¶1849

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1850

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1851

WA.No.1368 OF 2018

¶1852

AGAINST THE ORDER/JUDGMENT IN WPC 9956/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1853

APPELLANT/S:

¶1854

EQS WEB TECHNOLOGIES PRIVATE LIMITED CENTRE A, 5TH FLOOR, ALAPPAT HERITAGE BUILDING, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS DIRECTOR, VINOD ANAND.

¶1855

BY ADV. SRI.S.JAMAL

¶1856

RESPONDENT/S:

¶1857

1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVT., LABOUR AND WEFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.

¶1858

2 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶1859

R1 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY (BY ORDER) R2 BY ASSISTANT SOLICITOR GENERAL

¶1860

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1861

- 100 -

¶1862

W.A.979 of 2018 & connected cases.

¶1863

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1864

PRESENT

¶1865

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1866

¶1867

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1868

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1869

WA.No.1383 OF 2018

¶1870

AGAINST THE ORDER/JUDGMENT IN WPC 9955/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1871

APPELLANT/S:

¶1872

BEO SOFTWARE PRIVATE LIMITED BEO PARK, P.J. ANTONY CROSS ROAD, PALARIVATTOM, ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR JOSE PAUL P.

¶1873

BY ADV. SRI.S.JAMAL

¶1874

RESPONDENT/S:

¶1875

1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVT., LABOUR AND WELFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.

¶1876

2 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶1877

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. SMT.SREEKALA K.L., CGC

¶1878

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1879

- 101 -

¶1880

W.A.979 of 2018 & connected cases.

¶1881

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1882

PRESENT

¶1883

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1884

¶1885

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1886

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1887

WA.No.1400 OF 2018

¶1888

AGAINST THE ORDER/JUDGMENT IN WPC 37125/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1889

APPELLANT/S:

¶1890

M/S BLUESTAR LTD. MILLENIUM PLAZA, ALINCHUVADU,PALARIVATTOM, KOCHI - 682 025, REPRESENTED BY ITS BRANCH MANAGER MR.HARIHARAN.V.

¶1891

BY ADVS. SRI.P.RAMAKRISHNAN SRI.C.ANIL KUMAR SMT.ASHA K.SHENOY SRI.T.C.KRISHNA SRI.C.B.MUKUNDAN (THRISSUR) SMT.PREETHI RAMAKRISHNAN (P-212) SRI.PRATAP ABRAHAM VARGHESE

¶1892

RESPONDENT/S:

¶1893

STATE OF KERALA REPRESENTED BY THE SECRETARY, LABOUR AMP SKILLS (E) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1894

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY (B/O)

¶1895

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1896

- 102 -

¶1897

W.A.979 of 2018 & connected cases.

¶1898

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1899

PRESENT

¶1900

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1901

¶1902

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1903

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1904

WA.No.1435 OF 2018

¶1905

AGAINST THE ORDER/JUDGMENT IN WPC 26076/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1906

APPELLANT/S:

¶1907

MUTHOOT AUTOMOTIVE INDIA PRIVATE LIMITED NEAR TOWN LIMIT, NH 208,Q-S ROAD, KADAPPAKADA, KOLLAM,REPRESENTED BY ITS MANAGING DIRECTOR, THOMAS MUTHOOT.

¶1908

BY ADV. SRI.P.RAMAKRISHNAN

¶1909

RESPONDENT/S:

¶1910

STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF LABOUR AND SKILLS,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1911

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY

¶1912

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1913

- 103 -

¶1914

W.A.979 of 2018 & connected cases.

¶1915

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1916

PRESENT

¶1917

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1918

¶1919

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1920

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1921

WA.No.1436 OF 2018

¶1922

AGAINST THE ORDER/JUDGMENT IN WPC 26052/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1923

APPELLANT/S:

¶1924

MUTHOOT MOTORS (COCHIN) THE GRANDE, NEAR K.S.E.B.OFFICE,PALARIVATTOM, KOCHI - 682 025, REPRESENTED BY ITS MANAGING DIRECTOR, THOMAS MUTHOOT.

¶1925

BY ADVS. SRI.P.RAMAKRISHNAN SRI.C.ANIL KUMAR SMT.ASHA K.SHENOY SRI.PRATAP ABRAHAM VARGHESE

¶1926

RESPONDENT/S:

¶1927

STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR AND SKILLS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1928

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY

¶1929

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1930

- 104 -

¶1931

W.A.979 of 2018 & connected cases.

¶1932

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1933

PRESENT

¶1934

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1935

¶1936

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1937

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1938

WA.No.1438 OF 2018

¶1939

AGAINST THE ORDER/JUDGMENT IN WPC 2305/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1940

APPELLANT/S:

¶1941

1 BINI TOURIST HOME 28/642, ROUND NORTH,

¶1942

THRISSUR - 680 001,

¶1943

REPRESENTED BY ITS MANAGING PARTNER OMANA ASOKAN.

¶1944

2 THE LANDMARK NEAR JAWAHARLAL NEHRU STADIUM, KALOOR, KOCHI – 17, REPRESENTED BY ITS MANAGING PARTNER OMANA ASOKAN.

¶1945

3 ASHOKA INN SAKTHAN THAMBURAN NAGAR, THRISSUR - 680 001, REPRESENTED BY ITS MANAGING PARTNER OMANA ASOKAN.

¶1946

4 ARAMANA BAR AND RESTAURANT

¶1947

RAILWAY STATION ROAD, THRISSUR - 680 001, REPRESENTED BY ITS MANAGING PARTNER OMANA ASOKAN.

¶1948

5 HOTEL HILL TOP

¶1949

P.O. VELUTHOOR, KUNNATHANGADI, THRISSUR - 680 016, REPRESENTED BY ITS MANAGING PARTNER OMANA ASOKAN.

¶1950

BY ADVS.

¶1951

SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL.

¶1952

- 105 -

¶1953

W.A.979 of 2018 & connected cases.

¶1954

RESPONDENT/S:

¶1955

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1956

2 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶1957

3 SHYJAN E.M BINI TOURIST HOME, 28/642,ROUND NORTH, THRISSUR - 680 001.

¶1958

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. ASSISTANT SOLICITOR GENERAL (BY ORDER).

¶1959

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1960

- 106 -

¶1961

W.A.979 of 2018 & connected cases.

¶1962

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1963

PRESENT

¶1964

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1965

¶1966

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1967

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1968

WA.No.1449 OF 2018

¶1969

AGAINST THE ORDER/JUDGMENT IN WPC 26057/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1970

APPELLANT/S:

¶1971

MUTHOOT AUTOMOBILE SOLUTIONS (P) LTD. WEST HILL P.O, KANNUR ROAD, PAVANGAD, KOZHIKODE - 673 005, REPRESENTED BY ITS MANAGING DIRECTOR, THOMAS MUTHOOT.

¶1972

BY ADV. SRI.P.RAMAKRISHNAN

¶1973

RESPONDENT/S:

¶1974

STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR AND AMP SKILLS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1975

R1 SRI.K.V.SOHAN, STATE ATTORNEY (B/O)

¶1976

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1977

- 107 -

¶1978

W.A.979 of 2018 & connected cases.

¶1979

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1980

PRESENT

¶1981

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶1982

¶1983

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶1984

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶1985

WA.No.1510 OF 2018

¶1986

AGAINST THE ORDER/JUDGMENT IN WPC 11104/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶1987

APPELLANT/S:

¶1988

CHANNEL FOODS P LTD. VEERATYH COMPLEX, CIVIL LANE ROAD, PALARIVATTOM,ERNAKULAM, PIN - 682 024 REPRESENTED BY ITSDIRECTOR, JALEEL HUSSAIN.

¶1989

BY ADV. SRI.S.JAMAL

¶1990

RESPONDENT/S:

¶1991

1 THE STATE OF KERALA

¶1992

REPRESENTED BY SECRETARY TO GOVT., LABOUR AND WELFARE DEPARTMENT, GOVT.SECRETARIAT,THIRUVANANTHAPURAM.

¶1993

2 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR,NEW DELHI - 110 001.

¶1994

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. SRI.DINESH R.SHENOY, CGC.

¶1995

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶1996

- 108 -

¶1997

W.A.979 of 2018 & connected cases.

¶1998

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1999

PRESENT

¶2000

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2001

¶2002

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2003

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2004

WA.No.1523 OF 2018

¶2005

AGAINST THE ORDER/JUDGMENT IN WPC 10341/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶2006

APPELLANT/S:

¶2007

KAAIZEEN MEDITECH PRIVATE LIMITED

¶2008

DOOR NO.5/2016, B1 & B2, KAILAS NAGAR, THRIKKAKARA PO, COCHIN-21, REPRESENTED BY ITS MANAGING DIRECTORSATISH WARRIER.

¶2009

BY ADV. SRI.S.JAMAL

¶2010

RESPONDENT/S:

¶2011

1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVT., LABOUR AND WELFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶2012

2 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110001.

¶2013

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. SRI.M.A.VINOD, CGC

¶2014

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2015

- 109 -

¶2016

W.A.979 of 2018 & connected cases.

¶2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2018

PRESENT

¶2019

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2020

¶2021

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2022

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2023

WA.No.1632 OF 2018

¶2024

AGAINST THE ORDER/JUDGMENT IN WPC 20017/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶2025

APPELLANT/S:

¶2026

M/S.G4S SECURE SOLUTIONS INDIA (P) LTD. REGIONAL OFFICE AT HOUSE NO.50/1209,C&C1, JCRA-83,JAWAN CROSS ROAD,PONEKKARA,EDAPPALLY, KOCHI-682041,REPRESENTED BY ITS HUB DIRECTOR.

¶2027

BY ADVS.

¶2028

SRI.C.B.MUKUNDAN (THRISSUR) SRI.M.P.MATHEW (MALAYIL)

¶2029

RESPONDENT/S:

¶2030

STATE OF KERALA REPRESENTED BY THE SECRETARY, LABOUR AND SKILLS(E)DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

¶2031

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY

¶2032

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2033

- 110 -

¶2034

W.A.979 of 2018 & connected cases.

¶2035

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2036

PRESENT

¶2037

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2038

¶2039

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2040

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2041

WA.No.1651 OF 2018

¶2042

AGAINST THE ORDER/JUDGMENT IN WPC 40147/2016 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶2043

APPELLANT/S:

¶2044

POPULAR VEHICLES & SERVICES LIMITED KUTTUKARAN CENTRE, MAMANGALAM, KOCHI - 682 025, REPRESENTED BY IS VICE-PRESIDENT-HR, MR.JOHNSON MATHEW.

¶2045

BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶2046

RESPONDENT/S:

¶2047

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶2048

2 ASSISTANT LABOUR OFFICER OFFICE OF THE ASST LABOUR OFFICER, NEYYATTINKARA,PIN - 695 121.

¶2049

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR,NEW DELHI - 110 001.

¶2050

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY GOVERNMENT PLEADER(B/O) R3 BY SRI.KRISHNADAS P.NAIR, CGC

¶2051

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2052

- 111 -

¶2053

W.A.979 of 2018 & connected cases.

¶2054

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2055

PRESENT

¶2056

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2057

¶2058

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2059

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2060

WA.No.1677 OF 2018

¶2061

AGAINST THE ORDER/JUDGMENT IN WPC 28511/2017 DATED 10-04-2018 OF HIGH COURT OF KERALA

¶2062

APPELLANT/S:

¶2063

THOMAS COOK (INDIA) LTD. HAVING REGISTERED OFFICE AT THOMAS COOK BUILDING, DR.D.N ROAD, FORT, MUMBAI-400001, REPRESENTED BY IT'S AUTHORIZED OFFICER, SUSANTH K.S, GENERAL MANAGER, FOREIGN EXCHANGE, THOMAS COOK, (INDIA) LTD, AGED 37 YEARS, RESIDING AT A-4, POOJA GARDENS, LOTUS APARTMENTS, HOSPITAL ROAD, THRIPUNITHURA-682301.

¶2064

BY ADV. SRI.P.M.MOHAMMED SHIRAZ

¶2065

RESPONDENT/S:

¶2066

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF LABOUR AND SKILLS, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

¶2067

2 THE LABOUR COMMISSIONER VIKAS BHAVAN, THIRUVANANTHAPURAM-695001.

¶2068

R1-R2 BY SRI.K.V.SOHAN, STATE ATTORNEY

¶2069

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2070

- 112 -

¶2071

W.A.979 of 2018 & connected cases.

¶2072

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2073

PRESENT

¶2074

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2075

¶2076

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2077

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2078

WA.No.1925 OF 2018

¶2079

[AGAINST THE JUDGMENT IN W.P(C).26352 OF 2016 DATD 10.04.2018 OF HIGH COURT OF KERALA.

¶2080

APPELLANT/S:

¶2081

INDUS MOTORS CO.(P) LTD., THEVARA, ERNAKULAM, KOCHI 682015, REPRESENTED BY ITS DIRECTOR AFDHEL ABDUL WAHAB.

¶2082

BY ADVS. SRI.NAVOD PRASANNAN PATTALI SRI.K.V.KRISHNAKUMAR

¶2083

RESPONDENT/S:

¶2084

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, LABOUR AND SKILLS (E) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001.

¶2085

2 FORUM FOR REFORMS INCORPORATE LAWS , DEVADATHAN COMPLEX, 1ST FLOOR, PALIYAM ROAD, NEAR NORTH BUS STAND, THRISSUR-680001, REPRESENTED BY ITS SECRETARY TOM THOMAS

¶2086

3 VENTURA REALTORS INDIA PVT LTD., KOONAMTHAI ROAD, EDAPPALY, ERNAKULAM, KOCHI-682015, REPRESENTED BY ITS MANAGING DIRECTOR PRINCE JOSEPH.

¶2087

4 ALAMPALLY PRESSURE TESTING CO. PVT. LTD., PALACE ROAD, ALUVA-682301, REPRESENTED BY ITS DIRECTOR E T JOSEPH.

¶2088

5 JOY ALUKKAS INDIA PVT LTD., REGISTERED OFFICE, ERNAKULAM, MARINE DRIVE, KOCHI-682031, REPRESENTED BY ITS DIRECTOR P.P. JOSE.

¶2089

- 113 -

¶2090

W.A.979 of 2018 & connected cases.

¶2091

6 JOY ALUKKAS RETAILS PVT LTD., NEAR MALL OF JOY, THRISSUR-680001, REPRESENTED BY ITS DIRECTOR P.P. JOSE.

¶2092

7 JOY ALUKKAS MONEY EXCHANGE PVT. LTD. ENNEL BUILDING, OPPOSITE DWARKA HOTEL, M.G. ROAD, ERNAKULAM, KOCHI-682 016 REPRESENTED BY ITS DIRECTOR P.P.JOSE.

¶2093

8 JOY ALUKKAS LIFE STYLE DEVELOPERS PVT. LTD. REGISTERED OFFICE, MARINE DRIVE, ERNAKULAM, KOCHI-682 011, REPRESENTED BY ITS DIRECTOR P.P.JOSE.

¶2094

9 SAARANG ENTERPRISES DOOR NO.19/448 20A, VANCHIKULAM ROAD, POOTHOLE, THRISSUR-680 004,

¶2095

REPRESENTED BY ITS PROPRIETOR P.O. JOSE.

¶2096

10 ASHLYN CHEMUNNOOR INSTRUMENTS PVT. LTD. KARIKKATH LANE, MG ROAD, THRSISUR-680 001, REPRESENTED BY ITS MANAGING DIRECTOR SUNITHA ASHLYN.

¶2097

11 HOTEL PARAGON

¶2098

NEAR CH ORBITS, KANNUR ROAD, KOZHIKODE-673 001, REPRESENTED BY ITS MANAGING RATNAKARAN P.

¶2099

12 HOTEL SAGAR BESIDE NATIONAL HOSPITAL, MAVOOR ROAD, KOZHIKODE-673001, REPRESENTED BY ITS MANAGER MOHAMED ASHRAF.

¶2100

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY R5-6 BY ADV. SRI.M.P.MATHEW (MALAYIL)

¶2101

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2102

- 114 -

¶2103

W.A.979 of 2018 & connected cases.

¶2104

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2105

PRESENT

¶2106

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2107

¶2108

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2109

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2110

WA.No.1935 OF 2018

¶2111

AGAINST THE ORDER/JUDGMENT IN WP(C) 35577/2017(V) OF HIGH COURT OF KERALA

¶2112

APPELLANT/S:

¶2113

M/S.IDBI FEDERAL LIFE INSURANCE COMPANY LIMITED NUMBER U 6601 MH 2007 PLC 164 REGISTERED OFFICE AT 22ND FLOOR A WING MARATHOB FUTUREX N M JOSHI MARG LOWER PAREL EAST MUMBAI-400013 REP.BY ITS COCHIN BRANCH HEAD MR.JOMON AUGUSTHY

¶2114

BY ADV. SRI.ISSAC M.PERUMPILLIL

¶2115

RESPONDENT/S:

¶2116

1 THE UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF LABOUR NEW DELHI-110001

¶2117

2 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

¶2118

R1 BY SMT.C.G.PREETHA, CGC R2 BY SRI.K.V.SOHAN, STATE ATTORNEY

¶2119

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2120

- 115 -

¶2121

W.A.979 of 2018 & connected cases.

¶2122

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2123

PRESENT

¶2124

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2125

¶2126

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2127

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2128

WA.No.1938 OF 2018

¶2129

AGAINST THE ORDER/JUDGMENT IN WP(C) 29121/2017(M) OF HIGH COURT OF KERALA

¶2130

APPELLANT/S:

¶2131

M/S. INDUS TOWERS LTD CORPORATE IDENTITY NUMBER U92100DL2007PLC170574, 8TH FLOOR, VENKARATH TOWERS, NH- 47, PALARIVATTOM, KOCHI -24

¶2132

BY ADVS. SRI.ISSAC M.PERUMPILLIL SRI.JIJO PAUL KALLOOKKARAN

¶2133

RESPONDENT/S:

¶2134

1 THE UNION OF INDIA REP. BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI -110 001

¶2135

2 THE STATE OF KERALA, REP. BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001

¶2136

R1 BY SRI.JAISHANKAR V.NAIR, CGC R2 BY SRI.K.V.SOHAN, STATE ATTORNEY

¶2137

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2138

- 116 -

¶2139

W.A.979 of 2018 & connected cases.

¶2140

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2141

PRESENT

¶2142

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2143

¶2144

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2145

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2146

WA.No.1956 OF 2018

¶2147

AGAINST THE ORDER/JUDGMENT IN WP(C) 14987/2017(W) OF HIGH COURT OF KERALA

¶2148

APPELLANT/S:

¶2149

M/S. D1 FORTIFICATION PVT.LTD. CORPORATE IDENTITY NUMBER 025199KA2004PTC033173. NO.6 AND 7, AMBADY, 1ST MAIN, 1ST CROSS, DOCTOR'S LAYOUT, B. CHANNASANDRA, BANGALORE, PIN - 560 043. REP. BY ITS CHIEF FINANCIAL OFFICER, RANJITH BALAKRISHNAN.

¶2150

BY ADVS. SRI.ISSAC M.PERUMPILLIL SRI.JIJO PAUL KALLOOKKARAN

¶2151

RESPONDENT/S:

¶2152

1 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110 001.

¶2153

2 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001

¶2154

R1 BY ASSISTANT SOLICITOR GENERAL OF INDIA (B/O), R1 BY SRI.JAISHANKAR V.NAIR, CGC R2 BY ADV. STATE ATTORNEY, K.V.SOHAN

¶2155

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2156

W.A.979 of 2018 & - 117 - connected cases.

¶2157

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2158

PRESENT

¶2159

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2160

¶2161

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2162

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2163

WA.No.2201 OF 2018

¶2164

AGAINST THE ORDER/JUDGMENT IN WP(C) 14841/2017(E) OF HIGH COURT OF KERALA

¶2165

APPELLANT/S:

¶2166

SABARI DISTRIBUTORS (P) LTD V/950F,KUTTIKKATTUKARA PO,ALUPARAM,KALAMASSERY, ERNAKULAM DISTRICT,KERALA STATE, REPRESENTED BY ITS DIRECTOR AND CHIEF EXECUTIVE OFFICER SHRI M.V. RAJESH

¶2167

BY ADVS.

¶2168

SRI.C.B.MUKUNDAN (THRISSUR) SRI.M.P.MATHEW (MALAYIL)

¶2169

RESPONDENT/S:

¶2170

STATE OF KERALA REPRESENTED BY THE SECRETARY, LABOUR AND SKILLS (E) DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM- 695001

¶2171

R1 BY ADV. K.V.SOHAN, STATE ATTORNEY

¶2172

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2173

- 118 -

¶2174

W.A.979 of 2018 & connected cases.

¶2175

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2176

PRESENT

¶2177

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2178

¶2179

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2180

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2181

WA.No.2506 OF 2018

¶2182

AGAINST THE ORDER/JUDGMENT IN WP(C) 30173/2017(V) OF HIGH COURT OF KERALA

¶2183

APPELLANT/S:

¶2184

AMBASSADOR SECURITY AND DETECTIVE SERVICES CHIRATHALAT BUILDING, NEAR MEDICAL CENTRE, NAGAMBADOM, KOTTAYAM

¶2185

REPRESENTED BY ITS MANAGING PARTNER.

¶2186

BY ADV. SMT.A.K.PREETHA

¶2187

RESPONDENT/S:

¶2188

1 STATE OF KERALA

¶2189

REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR AND SKILLS, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶2190

2 ASSISTANT LABOUR OFFICER, 2ND CIRCLE, OFFICE OF THE ASSISTANT LABOUR OFFICE, KOTTAYAM-686001.

¶2191

R1-R2 BY ADV. K.V.SOHAN, STATE ATTORNEY

¶2192

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2193

- 119 -

¶2194

W.A.979 of 2018 & connected cases.

¶2195

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2196

PRESENT

¶2197

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2198

¶2199

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2200

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2201

WA.No.760 OF 2019

¶2202

AGAINST THE ORDER/JUDGMENT IN WP(C) 26352/2016(T) OF HIGH COURT OF KERALA

¶2203

APPELLANT/S:

¶2204

1 JOYALUKKAS INDIA (P) LTD.

¶2205

REGISTERED OFFICE, ERNAKULAM MARINE DRIVE, KOCHI- 682031, REPRESENTED BY ITS DIRECTOR, P.P.JOSE.

¶2206

2 JOYALUKKAS RETIAL PVT.LTD., REGISTERED OFFICE, NEAR MALL OF JOY, THRISSUR- 680001, REPRESENTED BY ITS DIRECTOR JOSEPH CHRISTO.

¶2207

BY ADVS. SRI.C.B.MUKUNDAN (THRISSUR) SRI.M.P.MATHEW (MALAYIL)

¶2208

RESPONDENT/S:

¶2209

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, LABOUR AND SKILLS (E) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.

¶2210

2 FORUM FOR REFORMS IN CORPORATE LAWS, DEVADATHAM COMPLEX, 1ST FLOOR, PALIYAM ROAD, NEAR NORTH BUS STAND, THRISSUR- 680001, REPRESENTED BY ITS SECRETARY SRI.TOM JOSE.

¶2211

3 VENTURA REALTORS INDIA PVT.LTD., KOONANTHAI ROAD, EDAPPALLY, ERNAKULAM, KOCHI- 682024, REPRESENTED BY ITS MANAGING DIRECTOR SRI.PRINCE JOSEPH.

¶2212

- 120 -

¶2213

W.A.979 of 2018 & connected cases.

¶2214

4 INDUS MOTOR CO.(P)LTD., THEVARA, ERNAKULAM, KOCHI- 682015, REPRESENTED BY ITS DIRECTOR SRI.AFDHEL ABDUL WAHAB.

¶2215

5 ALAMPALLY PRESSURE TESTING CO.PVT.LTD., PALACE ROAD, ALUVA, PIN- 682301, REPRESENTED BY ITS DIRECTOR SRI.E.T.JOSEPH.

¶2216

6 JOYALUKKAS MONEY EXCHANGE PVT. LTD., ENNEL BUILDING, OPPOSITE DWARAKA HOTEL, M.G.ROAD, ERNAKULAM, KOCHI- 682016, REPRESENTED BY ITS DIRECTOR SRI.P.P.JOSE.

¶2217

7 JOYALUKKAS LIFE STYLE DEVELOPERS PVT.LTD., REGISTERED OFFICE, MARINE DRIVE, ERNAKULAM, KOCHI-682031, REPRESENTED BY ITS DIRECTOR SRI.P.P.JOSE.

¶2218

8 SAARANG ENTERPRISES, DOOR NO.19/458 20A, VANCHIKULAM ROAD, POOTHOLE, THRISSUR- 680004. REPRESENTED BY ITS PROPRIETOR SRI.P.O.JOSE.

¶2219

9 ASHLYN CHEMUNNOOR INSTRUMENTYS PVT.LTD., KARIKKATH LANE, M.G.ROAD, THRISSUR, PIN- 680001, REPRESENTED BY ITS MANAGING DIRECTOR SUNITHA ASHKYIN.

¶2220

10 HOTEL PARAGON, NEAR CH ORBITS, KANNUR ROAD, KOZHIKODE- 673001, REPRESENTED BY ITS MANAGER, SRI.RATHNAKARAN.P.

¶2221

11 HOTEL SAGAR, BESIDE NATIONAL HOSPITAL, MAVOOR ROAD, KOZHIKODE- 673001, REPRESENTED BY ITS MANAGER, SRI.MOHAMMED ASHRAF. R1 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY ADV. R.SUNIL KUMAR R2 BY ADV. A.SALINI LAL

¶2222

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2223

- 121 -

¶2224

W.A.979 of 2018 & connected cases.

¶2225

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2226

PRESENT

¶2227

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2228

¶2229

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2230

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2231

WA.No.887 OF 2019

¶2232

AGAINST THE ORDER/JUDGMENT IN WP(C) 21031/2017(D) OF HIGH COURT OF KERALA

¶2233

APPELLANT/S:

¶2234

EUREKA FORBES LIMITED

¶2235

4TH FLOOR, TUTUS TOWER, 32/1787, A-5 NH BY-PASS ROAD, PADIVATTOM, KOCHI-682 024, REPRESENTED BY ITS ASSISTANT OFFICER-ACCOUNTS, SRI L.GANESH

¶2236

BY ADV. SRI.P.RAMAKRISHNAN

¶2237

RESPONDENT/S:

¶2238

STATE OF KERALA, REPRESENTED BY THE SECRETARY, LABUR AND SKILLS (E) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶2239

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY

¶2240

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2241

- 122 -

¶2242

W.A.979 of 2018 & connected cases.

¶2243

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2244

PRESENT

¶2245

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2246

¶2247

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2248

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2249

WA.No.1946 OF 2019

¶2250

AGAINST THE ORDER/JUDGMENT IN WP(C) 22334/2019(N) OF HIGH COURT OF KERALA

¶2251

APPELLANT/S:

¶2252

1 MINI MUTHOOTTU NIDHI KERALA LIMITED 2/531, MUTHOOTTU BUILDINGS, KOZHENCHERRY, PATHANAMTHITTA-689 641,

¶2253

REPRESENTED BY ITS DIRECTOR SRI.ROY MATHEW.

¶2254

2 NIZZY MATHEW, AGED 65 YEARS

¶2255

D/O.ABRAHAM P. GEORGE, FLAT NO.9C, JOMER HAVEN, PALIYAM ROAD, ERNAKULAM.

¶2256

BY ADV. SRI.NAVOD PRASANNAN PATTALI

¶2257

RESPONDENT/S:

¶2258

1 STATE OF KERALA

¶2259

REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶2260

2 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI- 110 001.

¶2261

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY (B/O) R2 BY ADV. CENTRAL GOVERNMENT COUNSEL(B/O)

¶2262

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2263

- 123 -

¶2264

W.A.979 of 2018 & connected cases.

¶2265

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2266

PRESENT

¶2267

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2268

¶2269

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2270

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2271

WA.No.2077 OF 2019

¶2272

AGAINST THE ORDER/JUDGMENT IN WP(C) 5399/2019(Y) OF HIGH COURT OF KERALA

¶2273

APPELLANT/S:

¶2274

1 M/S.CHECKMATE SERVICES PVT.LTD., C.C.39/2761, T.G.GOPINATH LANE, DIWANS ROAD, ERNAKULAM, KOCHI-16,

¶2275

REPRESENTED BY ITS DEPUTY GENERAL MANAGER (OPERATIONS) SHRI.VINAYAKAN.M.T.

¶2276

2 M/S.CHECKMATE FACILITY AND ELECTRONICS SOLUTIONS

¶2277

PVT.LTD., C.C.39/2761, T.G.GOPINATH LANE, DIWANS ROAD, ERNAKULAM, KOCHI-16, REPRESENTED BY ITS DEPUTY GENERAL MANAGER (OPERATIONS) SHRI.VINAYAKAN.M.T.

¶2278

BY ADVS.

¶2279

SRI.C.B.MUKUNDAN (THRISSUR) SRI.M.P.MATHEW (MALAYIL)

¶2280

RESPONDENT/S:

¶2281

STATE OF KERALA, REPRESENTED BY THE SECRETARY, LABOUR AND SKILLS (E) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.

¶2282

R1 BY SRI.K.V.SOHAN, STATE ATTORNEY.

¶2283

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2284

- 124 -

¶2285

W.A.979 of 2018 & connected cases.

¶2286

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2287

PRESENT

¶2288

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2289

¶2290

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2291

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2292

WP(C).No.23631 OF 2018

¶2293

PETITIONER/S:

¶2294

THE PROFESSIONAL COURIERS COCHIN SOUTH PRIVATE LIMITED VIVEKANANDA ROAD, VENNALA P.O., KOCHI-682 028, REPRESENTED BY ITS MANAGING DIRECTOR, SURESH BHARATHAN.

¶2295

BY ADVS. SRI.P.RAMAKRISHNAN SRI.C.ANIL KUMAR SMT.ASHA K.SHENOY SRI.T.C.KRISHNA SMT.PREETHI RAMAKRISHNAN (P-212) SRI.PRATAP ABRAHAM VARGHESE

¶2296

RESPONDENT/S:

¶2297

STATE OF KERALA REPRESENTED BY THE SECRETARY, LABOUR & SKILLS (E) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶2298

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2299

- 125 -

¶2300

W.A.979 of 2018 & connected cases.

¶2301

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2302

PRESENT

¶2303

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2304

¶2305

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2306

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2307

WP(C).No.23736 OF 2018

¶2308

PETITIONER/S:

¶2309

M/S. BATA INDIA LIMITED BATA HOUSE, 418/02 SECTOR - 17, GURGAON MEHRAULI ROAD, GURGAON - 122001,HARYANA REPRESENTED BY ITS AUTHORIZED SIGNATORY, MR.SANDEEP KRISHNAN.

¶2310

BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH SRI.S.S.VISWAJITH ANAND

¶2311

RESPONDENT/S:

¶2312

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

¶2313

2 ASSISTANT LABOUR OFFICER II CIRCLE, PALAKKAD, THOZHIL BHAVAN, PALAKKAD - 678 013.

¶2314

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶2315

R1 & R2 BY SRI.K.V.SOHAN, STATE ATTORNEY. R3 BY ADV. SRI.GIRISH KUMAR.V., CGC

¶2316

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2317

- 126 -

¶2318

W.A.979 of 2018 & connected cases.

¶2319

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2320

PRESENT

¶2321

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2322

¶2323

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2324

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2325

WP(C).No.24365 OF 2018

¶2326

PETITIONER/S:

¶2327

M/S.MAHINDRA RURAL HOUSING FIANCE LTD BUILDING NO. 631/A 41, 3RD FLOOR, AMBADY TOWERS, EDAPALLY TOLL JUNCTION, COCHIN 682 024, REPRESENTED BY ITS AUTHORISED SIGNATORY,

¶2328

MR. A.SELTRAN.

¶2329

BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH SRI.S.S.VISWAJITH ANAND

¶2330

RESPONDENT/S:

¶2331

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶2332

2 ASSISTANT LABOUR OFFICER ALAPPUZHA 2ND CIRCLE, ALAPPUZHA 688 013.

¶2333

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI 110 001.

¶2334

R1 & R2 BY SRI.K.V.SOHAN, STATE ATTORNEY. R3 BY ADV. SRI.JAISHANKAR V.NAIR, CGC.

¶2335

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2336

- 127 -

¶2337

W.A.979 of 2018 & connected cases.

¶2338

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2339

PRESENT

¶2340

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2341

¶2342

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2343

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2344

WP(C).No.37783 OF 2018(W)

¶2345

PETITIONER/S:

¶2346

EIH ASSOCIATED HOTELS LTD

¶2347

UNIT TRIDENT COCHIN, BRISTOW ROAD, WILLINGDON ISLAND, COCHIN 682003, REPRESENTED BY ITS GENERAL MANAGER, MR. JISHNU VELIATH

¶2348

BY ADVS.

¶2349

BENNY P. THOMAS SRI.D.PREM KAMATH SMT.S.MAHITHA

¶2350

RESPONDENT/S:

¶2351

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695001

¶2352

2 ASSISTANT LABOUR OFFICER, KOCHI, 1ST CIRCLE, KALVATHI ROAD, KALVATHY, FORT KOCHI, KERALA-682 001

¶2353

3 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110001

¶2354

R1-R2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY SRI.S.VAIDYANATHAN, CGC

¶2355

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2356

- 128 -

¶2357

W.A.979 of 2018 & connected cases.

¶2358

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2359

PRESENT

¶2360

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2361

¶2362

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2363

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2364

WP(C).No.6090 OF 2019(I)

¶2365

PETITIONER/S:

¶2366

M/S. TRANS ASIAN SHIPPING SERVICES (P) LTD., TRANS ASIA CORPORATE PARK, XN/396-C, SEAPORT AIRPORT ROAD, CHITTETHUKARA, KAKKANAD, COCHIN-682037, REPRESENTED BY ITS EXECUTIVE DIRECTOR MR. WILSON THOMAS.

¶2367

BY ADVS. SRI.ELVIN PETER P.J. SRI.K.R.GANESH

¶2368

RESPONDENT/S:

¶2369

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶2370

2 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110001.

¶2371

3 THE ASSISTANT LABOUR COMMISSIONER, FIRST CIRCLE, KAKKANAD, ERNAKULAM-682030.

¶2372

R1, R3 BY SRI.K.V.SOHAN, STATE ATTORNEY R2 BY SRI.RAJAGOPALAN.A., CGC

¶2373

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2374

- 129 -

¶2375

W.A.979 of 2018 & connected cases.

¶2376

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2377

PRESENT

¶2378

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2379

¶2380

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2381

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2382

WP(C).No.13807 OF 2019(A)

¶2383

PETITIONER/S:

¶2384

M/S.SHRIRAM TRANSPORT FINANCE CO.LTD. OLIVE ARCADE, NEAR ST.JOSEPH HOSPITAL, MANANTHAVADY, WAYANAD-670645 REPRESENTED BY ITS AUTHORIZED SIGNATORY, MR.LAISON BIJU.

¶2385

BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶2386

RESPONDENT/S:

¶2387

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,T THIRUVANANTHAPURAM-695001

¶2388

2 ASSISTANT LABOUYR OFFICER II CIRCLE, PALAKKAD, THOZHIL BHAVAN, PALAKKAD-678013

¶2389

3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110001.

¶2390

R1 & R2 BY SRI.K.V.SOHAN, STATE ATTORNEY R3 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

¶2391

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2392

- 130 -

¶2393

W.A.979 of 2018 & connected cases.

¶2394

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2395

PRESENT

¶2396

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2397

¶2398

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2399

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2400

WP(C).No.18071 OF 2019(H)

¶2401

PETITIONER/S:

¶2402

ECOM EXPRESS PVT.LTD. ADDRESS 733,10TH A MAIN, 10TH CROSS INDIRA NAGAR, BANGALORE 560 038 REPRESENTED BY ITS REGIONAL CONTROLLER-FINANCE GAURAV KUMAR NANDA

¶2403

BY ADVS. SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SRI.ANIL SEBASTIAN PULICKEL

¶2404

RESPONDENT/S:

¶2405

1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI 110 001

¶2406

2 STATE OF KEREALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM 695 001

¶2407

R1 BY SMT.SINDHUMOL.T.P., CGC R2 BY SRI.K.V.SOHAN, STATE ATTORNEY.

¶2408

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2409

- 131 -

¶2410

W.A.979 of 2018 & connected cases.

¶2411

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2412

PRESENT

¶2413

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶2414

¶2415

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶2416

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶2417

WP(C).No.24859 OF 2019(F)

¶2418

PETITIONER/S:

¶2419

BHARAT FINANCIAL INCLUSION LIMITED, (FORMERLY INDUSIND FINANCIAL INCLUSION LIMITED) NAKSHATRA ARCADE, OLD POST OFFICE ROAD, VENNALA P.O., COCHIN-682028, REPRESENTED BY ITS REGIONAL MANAGER.

¶2420

BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

¶2421

RESPONDENT/S:

¶2422

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶2423

2 ASSISTANT LABOUR OFFICER, 2ND CIRCLE, ALAPPUZHA-688013.

¶2424

3 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI-110001.

¶2425

R1 & R2 BY SRI.K.V.SOHAN, STATE ATTORNEY. R3 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

¶2426

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-01-2020, ALONG WITH WA.979/2018 AND CONNECTED CASES, THE COURT ON 23-01-2020 DELIVERED THE FOLLOWING:

¶2427

- 132 -

¶2428

W.A.979 of 2018 & connected cases.

¶2429

“C.R.”

¶2430

K.Vinod Chandran & V.G.Arun, JJ. -------------------------------------------------------
WA.979/2018, WA.978/2018, WA.980/2018, WA.981/2018,
WA.982/2018, WA.983/2018, WA.984/2018, WA.985/2018,
WA.986/2018, WA.987/2018, WA.988/2018, WA.989/2018,
WA.990/2018, WA.992/2018, WA.1021/2018, WA.1042/2018,
WA.1077/2018, WA.1079/2018, WA.1080/2018, WA.1115/2018,
WA.1123/2018, WA.1137/2018, WA.1141/2018, WA.1169/2018,
WA.1170/2018, WA.1171/2018, WA.1172/2018, WA.1173/2018,
WA.1174/2018, WA.1176/2018, WA.1177/2018, WA.1187/2018,
WA.1189/2018, WA.1190/2018, WA.1191/2018, WA.1192/2018,
WA.1193/2018, WA.1195/2018, WA.1198/2018, WA.1199/2018,
WA.1200/2018, WA.1207/2018, WA.1208/2018, WA.1209/2018,
WA.1210/2018, WA.1212/2018, WA.1215/2018, WA.1216/2018,
WA.1217/2018, WA.1219/2018, WA.1220/2018, WA.1224/2018,
WA.1225/2018, WA.1233/2018, WA.1234/2018, WA.1236/2018,
WA.1237/2018, WA.1238/2018, WA.1240/2018, WA.1241/2018,
WA.1242/2018, WA.1243/2018, WA.1244/2018, WA.1246/2018,
WA.1247/2018, WA.1253/2018, WA.1254/2018, WA.1256/2018,
WA.1257/2018, WA.1265/2018, WA.1266/2018, WA.1267/2018,
WA.1268/2018, WA.1269/2018, WA.1270/2018, WA.1271/2018,
WA.1272/2018, WA.1273/2018, WA.1274/2018, WA.1275/2018,
WA.1281/2018, WA.1294/2018, WA.1295/2018, WA.1325/2018,
WA.1326/2018, WA.1327/2018, WA.1332/2018, WA.1355/2018,
WA.1366/2018, WA.1368/2018, WA.1383/2018, WA.1400/2018,
WA.1435/2018, WA.1436/2018, WA.1438/2018, WA.1449/2018,
WA.1510/2018, WA.1523/2018, WA.1632/2018, WA.1651/2018,
WA.1677/2018, WA.1925/2018, WA.1935/2018, WA.1938/2018,

¶2431

WA.1956/2018, WA.2201/2018, WA.2506/2018, WA.760/2019, WA.887/2019, WA.1946/2019, WA.2077/2019, WP(C).23631/2018, WP(C).23736/2018, WP(C).24365/2018, WP(C).37783/2018, WP(C).6090/2019, WP(C).13807/2019,

¶2432

WP(C).18071/2019 & WP(C).24859/2019.

¶2433

Dated this the 23^rd day of January, 2020 JUDGMENT

¶2434

K. Vinod Chandran,J:

¶2435

A laudable objective, in tune with current technological advancements, to ensure payment of minimum

¶2436

wages to the employees, mainly of the un-organized sector,

¶2437

is challenged on the ground of the rule being ultra vires ,

¶2438

- 133 -

¶2439

W.A.979 of 2018 & connected cases.

¶2440

illegal and the procedure prescribed cumbersome, unworkable and unreasonable. We cannot but observe at the outset that essentially the challenge arise from the reluctance to adapt to change especially to a digital platform which also is alleged to be fraught with evils that often does not meet the eye; infringing the privacy of the employer and the employee. The State, on the other hand, asserts that the virtual world is a reality and the technological improvements over the years should inform the interpretation of statutes, failing which the citizens would be deprived of the benefit of the welfare measures effectively implemented through the digital arena.

¶2441

2. The challenge is against the amendments made to

¶2442

the Kerala Minimum Wages Rules, 1958 by notification dated 08.07.2015. The notification is produced as Exhibit P1 in W.P(C) 25590 of 2017, from which W.A.No.979 of 2018 arises; the documents in which are referred to in the course of this judgment unless otherwise specifically referred. Exhibit P1, the Kerala Minimum Wages (Amendment) Rules, 2015; introduced a procedure by which inter alia the payment of wages has been enabled through a Wage Payment System ('WPS' for short) facilitated under the information technology. The employers of those scheduled employments as

¶2443

specified in the Appendix are required to submit

¶2444

- 134 -

¶2445

W.A.979 of 2018 & connected cases.

¶2446

electronically or upload an I.T. Enabled 'Register of Employment and Wages' in the form prescribed. It is also mandated that the employers shall pay and disburse the wages to the employees only through individual bank accounts. There are also provisions under Rule 29 to make the WPS effective and ensure that the regulatory measures are in place. Sub-rule (4A) of Rule 29 requires the 'Register of employment and wages' in Form XIV to be authenticated by the employer or by an authorized person prior to the submission or the uploading of the same in the WPS. Sub-rule (4B) confers power on the Inspector authorized by the Labour Commissioner to electronically authenticate the submitted or uploaded form, which authenticated form shall be maintained as duly signed either physically or in the electronic media. Sub-rule (4C) requires the Bank account numbers of the employees entered in Form XIV for effecting payment of wages through Banks, by the employers. The Register in Form XIV shall be electronically submitted or uploaded in the WPS at least three days prior to the crediting of wages in the individual bank accounts of the employees as per Sub-rule (4D). Sub-rule (4E) prescribes that the employers covered under WPS to issue electronically generated wage slip to all its employees through the System at least a day prior

¶2447

- 135 -

¶2448

W.A.979 of 2018 & connected cases.

¶2449

to effecting payment of wages. The newly introduced Rule 29C provides exemption to the employers insofar as the maintenance of certain Registers, on the System being enabled.

¶2450

3. Learned Counsel Sri.Benny P.Thomas first contended that the power conferred on the Central Government under the Minimum Wages Act, 1948 [for brevity 'Minimum Wages Act'] does not extend to the various prescriptions made in the present amendment. It is argued that there can be no insistence that the wages should be paid only through Bank accounts. It is pointed out that Form XIV, which accompanies the amendment has about 44 columns, many of which are irrelevant insofar as the payment of minimum wages. The requirements necessitate a cumbersome procedure, which does not serve any purpose, according to the employers. It is argued that the amendment to the Payment of Wages Act, 1936 [for brevity 'Wages Act']

¶2451

relied on by the Government to substantiate the prescription of payment through Bank accounts was brought in after the Rules were amended.

¶2452

4. Sri.Adarsh Kumar, learned Counsel, argued that the subordinate legislation brought out by the Government under the Minimum Wages Act, which makes mandatory procedures, are already made under other enactments. The

¶2453

- 136 -

¶2454

W.A.979 of 2018 & connected cases.

¶2455

attempt of the State is to make a consolidated labour enactment, for which there is no power conferred under the Minimum Wages Act. The subordinate legislation is clearly ultra vires , especially looking at Section 11, which mandates payment of wages in cash. Further it is argued that the provisions made and the details required warrant disclosure of confidential information, which put the employer and the employee to prejudice and result in impinging their right to privacy. As an example, it is pointed out that the 'Other Allowance' as required to be divulged in Form XIV, in the case of doctors, may result in difficulties to those Doctors to whom such payment is made. An expert doctor's charges may vary from others equally qualified and, hence, there could be no such disclosure made which would not in any manner come under the purview of the enactment ensuring payment of minimum wages. Sri.Adarsh Kumar asserts that his arguments are not based on any hardship or inconvenience, but on the ground of there being no enabling provision to make the provisions as of now, invoking the power under the Minimum Wages Act. Reliance is placed on Bidi, Bidi Leaves and Tobacco Merchant's Association v. Bombay State [ AIR 1962 SC 486 ], Cellular Operators Association of India v. TRAI [ (2016) 7 SCC 703 ], Kerala Samsthana Chethu Thozhilali Union v.

¶2456

- 137 -

¶2457

W.A.979 of 2018 & connected cases.

¶2458

State of Kerala [ (2006) 4 SCC 327 ] and an unreported decision of this Court in Insurance Appeal No.43 of 2010 dated 17.05.2016 [ Regional Director, ESI Corporation v. Uno Security Services ].

¶2459

5. Sri.K.K.Premlal, learned Counsel also appearing for the appellants, produces before us the WPS Manual as downloaded from the website of the Kerala Government. It is specifically pointed out that the website provides about 16 Banks to which the payments are to be made directly through the System. It is, hence, argued that the Government does insist on payment through the Department, ie: through the WPS. It is pointed out that there can be no insistence on the employees to open a Bank account, much less direct them so to do in a particular Bank or Banks. Malabar Cancer Centre Society v. Dinesh Kumar [ 2018 (2) KLT 140 ] is relied on to argue that this court had held that the employer cannot insist their employees to open an account in a particular Bank. When the provisions in the Act prescribe payment of minimum wages in cash, a violation would entail invocation of the penal clauses under the Rules, which, at this point, would extend to a fine of Rs.2 lakhs. It is pointed out that an employee if he refuses to open an account in a Bank and insists payment in cash, the employer would necessarily have to do that. In that event, it would

¶2460

- 138 -

¶2461

W.A.979 of 2018 &

¶2462

connected cases.

¶2463

be in consonance with the Act; but, however, in violation of the prescription in the Rules. Vice versa , if there is a payment in accordance with the Rules, it could be in direct conflict with the provisions in Section 11.

¶2464

6. Sri.K.V.Sohan, learned State Attorney, would, however, urge us to take an interpretation keeping in mind the technological advancements made over the years. It is pointed out that the learned Single Judge himself has appreciated the move of the State Government in having taken recourse to information technology to ensure compliance of the provisions of the Act without conducting physical verification of the records. The ground raised of infringement of privacy is not at all substantiated, since the details sought for are otherwise required to be maintained by the employer, which can also be accessed by the officers of the Department who has the power to inspect the establishments. On Section 11, it is asserted that a payment through the Bank is also in cash and we have to take note of the rapid strides made by the entire world generally in technology and this Country, particularly in Banking. The payment in cash would take in payment through Bank account also, is the specific argument raised by the State. It is also pointed out that the power conferred on the State definitely permits such a measure to be adopted

¶2465

- 139 -

¶2466

W.A.979 of 2018 & connected cases.

¶2467

in effecting supervision and implementation of the Minimum Wages Act.

¶2468

7. We broadly agree with the findings of the learned Single Judge except on one aspect, which we will deal with a little later. It has been rightly argued by some of the petitioners that they do not take up the ground of undue hardship to challenge the amendment to the Rules, rightly so. Nor can the measure directing uploading of details in the System manned by the Department said to be against the statute, i.e., the Minimum Wages Act. As has been held in Khoday Distilleries Ltd. v. State of Karnataka [ (1996) 10 SCC 304 ], a subordinate legislation can be questioned on the ground of unreasonableness not in the sense of it being 'not reasonable', but in the sense that it is manifestly unjust. There can be alleged no manifest arbitrariness especially insofar as the details sought for in Form XIV, already have to be recorded in the physical form in Registers maintained as provided under the Act and the Rules. Form V under the Kerala Rules is the 'Over-time Register For Workers' which require the normal working hours the overtime work carried out and the normal as also the overtime wages to be recorded. The 'Muster Roll' in Form VI records the entire details of the workman. Form XI the 'Register of Wages' already requires all deductions

¶2469

- 140 -

¶2470

W.A.979 of 2018 & connected cases.

¶2471

including those contributed to the PF and ESI to be recorded and maintained. The requirement as per the amendment is only to provide the same digitally as per the details charted out in Form XIV and uploaded in the website of the Department inter alia for ease of inspection and supervision and better management of the regulatory measure. Further the Ease of Compliance to Maintain Registers Under Various Labour Laws Rules, 2017 is the consolidated regulatory measure prescribed under which Form B takes in almost all the heads provided in Form XIV of the Amended Rules.

¶2472

8. As has been rightly noticed by the learned Single Judge, there can be no ground taken of the maintenance of records digitally being against the provisions of the Act, since Sections 6 & 7 of the Information Technology Act, 2000 validates digital maintenance of documents, records or information which are to be maintained under any law and deems it to be a proper maintenance as per that enactment. It cannot also be alleged that there is a cumbersome procedure, since what has been earlier mandated to be physically recorded in Registers has now been directed to be recorded in the electronic media. In the amendment, we specifically notice that on Form XIV being maintained as prescribed there

¶2473

- 141 -

¶2474

W.A.979 of 2018 & connected cases.

¶2475

under, there are exemptions provided under Rule 29C from maintaining the Register of Fines in Form I, Register of Deduction of Damage or Loss Caused to the Employee in Form II, Over Time Register for Workers in Form V and Register of Wages in Form XI; which we have already referred to. As we noticed at the outset, the ground of hardship and cumbersome procedure are only raised for reason of reluctance to shift to a digital form, a total changeover from the earlier mundane practice of recording details in a worn out Register; which could also be substituted or manipulated.

¶2476

9. There have also been instances of two registers being maintained, with one recording the correct details and the other offered to the inspecting officials. Violation was the norm, since it was impossible for the limited officers of the Department implementing the labour welfare enactments to carry out even periodic inspection of all the establishments within their jurisdiction, which proportionately are numerous. The maintenance of Registers, which is mandatory as per the enactment by the aforesaid provisions, is possible of supervision immediately for reason of the employer obliged to upload the same with the details of payments made to the workmen/employees every month prior to the payment of wages. An officer could

¶2477

- 142 -

¶2478

W.A.979 of 2018 & connected cases.

¶2479

verify the details of all the establishments under his jurisdiction and ensure that the same has been uploaded in the electronic media by a few clicks on his Personal Computer sitting in his office. This also enables identification of the erring establishments against whom physical inspection can be done making the implementation of the Act more effective.

¶2480

10. In the context of uploading of Form XIV, there was an argument addressed that Section 2(h) of the Minimum Wages Act, defines 'wages' as remuneration, expressed in terms of money, if the terms of the contract of employment, express or implied, were fulfilled. If the terms are not fulfilled, there can be no payment of wages and hence there could be no uploading of evidence of payment of wages in advance. We need only notice the argument to reject it, since the payment of wages as per the Wages Act by Section 5 is required to be paid only after the expiry of the 7^th or 10^th day, after the last day of the wage period in respect of which the wages are payable. The Minimum Wages Act does not fix any time. Invariably the wages are paid on a monthly basis and wage period is taken as a month comprising of 30 or 31 days. Then the requirement to pay arises only before the 7^th or 10^th day of the next month. The

¶2481

wage period ends on the last of the month and the

¶2482

- 143 -

¶2483

W.A.979 of 2018 & connected cases.

¶2484

requirement is only to upload Form XIV in the website of the Department three days before the actual payment is made ie; before the 7^th or 10^th day of the next month. The wage slip generated electronically is also required to be issued to the employee only on the date before which the actual payment is effected. Definitely the receipt as required under the Minimum Wages Act can be taken from the employee after such payment is effected. We do not find any difficulty in entering of the details as required under Form XIV or for effectuating the uploading three days prior to the payment of wages and the wage slip being issued one day before the actual payment is effected.

¶2485

11. We also agree with the finding of the learned Single Judge that there is no merit in the contention that many of the information required to be entered in Form XIV has nothing to do with the Act, statute or its object. The submission of the petitioners that the prescription is in the manner of a consolidation of all labour enactments and the same is not permissible under the Minimum Wages Act has already been found by us to have no legs to stand. We do not find any difficulty insofar as all the details sought for are with respect to payments made to the employee by an employer, which, in any event, is income in the hands of the employee over which no secrecy can be claimed. Column

¶2486

- 144 -

¶2487

W.A.979 of 2018 & connected cases.

¶2488

Nos.26, 27 and 28 were proposed to be deleted and the same is carried out, evident from the notification dated 26.04.2017, substituting Form XIV, produced as Ext.R1(C) along with the Counter affidavit in W.P.(C) 18055 of 2016. What we have earlier said applies to all the other columns in Ext. R1(c). The argument seems to be on the ground that Form XIV also insist for details with respect to payment to Employees Provident Fund, Employees State Insurance, any Welfare Fund, Professional Tax and Tax Deducted at Source, which are all levies under the various enactments; the majority of them also being welfare measures for the employees.

¶2489

12. Before proceeding further, we notice the decision of the Hon'ble Supreme Court in Workmen, Represented by Secretary v. Reptakos Brett & Co.Ltd. [ (1992) 1 SCC 290 ]. This very Division Bench had noticed the aforesaid decision in K.N.B.F.C.W.A. v. State of Kerala [ 2019 (4) KLT 977 ]and spoken as follows:

¶2490

"27. We notice that Reptakos Brett & Co.

¶2491

referred to the norms for fixation of minimum wage as accepted by the Tripartite Committee of the Indian Labour Conference held in New Delhi in 1957 and keeping in view the socio-economic aspect of the wage structure added one more additional component as a guide for fixing the minimum wage in the industry. Briefly stated, these six factors

¶2492

- 145 -

¶2493

W.A.979 of 2018 & connected cases.

¶2494

are:(i) the standard working class family to be taken to consist of three consumption units for one earner, (ii) minimum food requirement should be that essential for an average Indian Adult of moderate activity, (iii) clothing requirements to be estimated at per capita consumption of 18 yards per annum, (iv) rent with respect to housing should correspond to the minimum area provided under Government's Industrial Housing Scheme (v)fuel, lighting and other 'miscellaneous' items of expenditure constituting 20% of the total minimum wage and (vi) children's education, medical requirement, minimum recreation and provision for old age marriages etc. constituting a further 25% of the total minimum wage.

¶2495

28. Reptakos Brett & Co. Ltd. though provides for the components to be looked into while fixing the minimum wage does not provide for components in addition to the minimum wages fixed. By providing for reckoning fuel, lighting, education, medical requirement etc. as factors to be reckoned in prescribing minimum wages; constituting another 20% & 25% of the total minimum wages, the indication is clear and explicit. The Government, while fixing the minimum wages, could take into account the many factors and fix the basic wages at a certain extent, of which 20% would take care of that one factor and 25% would constitute that other factor. For example if on the first four factors the Government fixed Rs.1000/- then Rs.200/- should be added for that one factor and Rs. 25O/- for that other factor; which brings the total minimum wages

¶2496

- 146 -

¶2497

W.A.979 of 2018 & connected cases.

¶2498

to Rs.1,450/-. The Government cannot separately provide specific amounts for housing, lighting, fuel, travel on official work or medical reimbursement. It does not provide for a separate component to be granted. That is the declaration made in Bidi, Bidi Leaves and Tobacco Merchants Association and Hindustan Sanitaryware and Industries Ltd. [AIR 2019 SC 2194]”.

¶2499

13. The minimum wages provided is an amount taking in all factors, assuring the employee and his family a dignified living condition. It cannot be doubted that the regulatory measures with respect to the other labour welfare enactments does not lie with the regulatory measure under the Minimum Wages Act, though it is a fact that the very same Department is enjoined with implementation of many welfare enactments. We are not upholding the measure only because of the very same Department being involved in the majority of labour welfare measures. The Minimum Wages Act is one brought in with the avowed objective of ensuring minimum wages to an employee not for mere sustenance but a dignified living condition for himself and his family. The details of all payments and deductions made to and from him would assume relevance. As found by the learned Single Judge the disclosure of all allowances paid to the employee, benefits the employer also, in satisfying the

¶2500

- 147 -

¶2501

W.A.979 of 2018 & connected cases.

¶2502

authorities of due compliance under the Minimum Wages Act. More importantly, it ensures that deductions are not made in excess of what is mandated under the other enactments; which results in depriving the employee of such benefit. If it is said that only the wages paid has to be looked into by the Department, then the employer could merely make deductions under the other enactments in excess of that required; which an illiterate employee or one from the marginalized section of society may not be aware of. When the requirement under the enactment is for payment of minimum wages, which has been held by the Hon'ble Supreme Court to be not merely for the bare subsistence of life, necessarily the various deductions made from the employee's wages to satisfy the levies under the welfare enactments assumes relevance and significance. On the above reasoning,

¶2503

we reject the contention of the petitioners that the details called for in Form XIV travels beyond the scope of the Minimum Wages Act.

¶2504

14. One other contention urged was with respect to

¶2505

infringement of privacy. In fact, it was vehemently set up as an example; of an expert doctor whose charges for consultation, treatment and surgery would differ. It is an admitted fact that there is no prescription made of minimum wages for doctors. But the contentions still remain that

¶2506

- 148 -

¶2507

W.A.979 of 2018 & connected cases.

¶2508

the details of various payments to the employee necessarily would reflect on the business of the employer and an access to such details by the public would put the business in unhealthy competition and create unknown hurdles. The learned Single Judge in repelling all these contentions on infringement of privacy has relied on the pleadings of the State Government in its statement dated 30.05.2016, affidavit dated 04.06.2016 and the counter affidavit dated 10.07.2017 in W.P(C)No.18055 of 2016. It is asserted that there is no private employee information that is required to be divulged in the data furnished in terms of the amended rules. On this aspect, we have to pertinently notice that the bonus paid, maternity benefits allowed and the arrears paid, which were required under Columns 26, 27 and 28 of Form XIV are now deleted, which alone could be asserted to be of a very personal nature. It has also been categorically stated by the Government that Form XIV uploaded in the website of the Department would not be accessible to the public and can only be viewed by the employer and the jurisdictional Inspectors. The System is password protected and login is permitted only by using the unique ID and password allotted to the individual employer as also to the jurisdictional Inspectors. No employee can view the details of another in the website and it is hence

¶2509

- 149 -

¶2510

W.A.979 of 2018 & connected cases.

¶2511

that the employee is required to be issued an electronically generated wage slip; the employee being concerned only about the details of his wages. The question of misuse of the data furnished does not at all arise for reason of the safeguards ensured. As far as the jurisdictional officers are concerned, necessarily they are entitled to view such details even on a physical inspection & verification and their access through the electronic media cannot at all be questioned or challenged. Thus viewed, there arises no question of infringement of privacy. The ground of infringement of privacy cannot also be raised on the sole ground of a mere apprehension of, a malfunctioning of or an illegal penetration into, the System. Man, as has been famously said, is not an island. He is essentially a social animal and none, other than a total recluse, would seclude himself only for fear of bodily harm or the apprehensions of trespass and destruction of property. Every mandate of law, especially in a regulatory measure, then could be challenged on allegations of probable misuse or illegal bypassing of the safeguards which result in perceived infringement of privacy. That cannot be a sustainable ground for setting aside a valid subordinate legislation enacted with competence, in conformity with the statute, without

¶2512

- 150 -

¶2513

W.A.979 of 2018 &

¶2514

connected cases.

¶2515

repugnancy, neither with manifest arbitrariness or unreasonableness nor vitiated by violation of fundamental rights [ State of T.N. v. P.Krishnamurthy [ (2006) 4 SCC 517 ].

¶2516

15. One other contention raised is of discrimination insofar as the Schedule as per the Amendment including only six scheduled employments. But for the mere allegation of discrimination raised for reason of inclusion of their industry, it has not been alleged as to any equally placed industry having been excluded. The State, in its wisdom, has picked certain industries for initial coverage under the Amended Rules, which has been introduced for the first time. On looking at the industries specified, we presume; no other specific ground of discrimination having been raised, that the State first picked up those industries wherein the employees are evidently unorganized and the number of employees far less than other establishments. It is also stated in the counter affidavit of the State that they had first verified the WPS, by including 270 willing establishments, who had uploaded the details and even paid the wages through the system. A factory or a plantation having an active labour force informed in the politics and varying equations of the management-employee tussle, stand apart from shops and

¶2517

- 151 -

¶2518

W.A.979 of 2018 & connected cases.

¶2519

establishments, private hospitals, dispensaries, para medical institutions, star hotels, security services, computer software and private educational institutions (non-teaching). The specific ground argued was that a teaching institution has been excluded, which, obviously, is for reason of the work force being more informed and even the non-teaching staff in the said establishment having access to informed people in the form of teachers who make the majority of the work force. We do not find any reason to accept the ground of discrimination.

¶2520

16. Now we come to the aspect of the difference of opinion we have from the findings of the impugned judgment, especially paragraphs 10 and 11, which upheld the prescription in the Amendment for payment of wages through individual Bank accounts as has been provided under sub-rule (2) of Rule 21A. The learned Single Judge has accepted the contention of the State, finding that Section 11 of the Minimum Wages Act should be understood in the background of Section 6 of the Wages Act. With due respect, we are unable to accept the said proposition. The finding of the learned Single Judge insofar as the notification issued under the amendment of Payment of Wages Act, to sustain the insistence for payment of minimum wages through Bank account alone, in the Rules under the Minimum Wages

¶2521

- 152 -

¶2522

W.A.979 of 2018 & connected cases.

¶2523

Act cannot be sustained. However, we notice that if under the amendment to the Wages Act a notification was brought out specifying that the payment of wages under the Wages Act should only be through Bank accounts, it definitely would be permissible. The amendment to the Wages Act by the proviso to Section 6 conferred power on the appropriate

¶2524

Government to specify the industrial or other establishments, the employer of which shall pay to every person employed, the wages only by cheque or by crediting the wages in his Bank account. The appropriate Government could provide either payment of wages only by cheque or only by crediting the wages into his Bank account; or alternatively ie: in one or either of these modes. We agree with that finding but it cannot substantiate the prescription made under the Minimum Wages Act.

¶2525

17. In looking at whether the Rules under the Minimum Wages Act could provide for the payment of wages only through a Bank account as provided under the Payment of Wages Act, we have to look at both the legislation and the provisions there under.

¶2526

18. The Wages Act of 1936 is prior in time to the Minimum Wages Act of 1948. The prescription in Section 6 of the Wages Act before amendment and after amendment are as follows:

¶2527

- 153 -

¶2528

W.A.979 of 2018 & connected cases.

¶2529

Prior to Amendment:

¶2530

“6. Wages to be paid in current coin or currency notes

¶2531

All wages shall be paid in current coin or currency notes or in both:

¶2532

PROVIDED that the employer may, after obtaining the written authorisation of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account”.

¶2533

After amendment:

¶2534

“6. Wages to be paid in current coin or currency notes or by cheque or crediting in bank account

¶2535

All wages shall be paid in current coin or currency notes or by cheque or by crediting the wages in the bank account of the employee:

¶2536

PROVIDED that the appropriate Government may, by notification in the Official Gazette, specify the industrial or other establishment, the employer of which shall pay to every person employed in such industrial or other establishment, the wages only by cheque or by crediting the wages in his bank account”.

¶2537

The Wages Act of 1936, always required payment of wages in current coin or currency notes. But the proviso, as it originally stood, provided that there could be a written authorization of the employee so as to enable payment by cheque or by crediting the wages in his Bank account. We have to keep in mind that banking had not percolated to the masses at that stage. The Minimum Wages Act, enacted far

¶2538

- 154 -

¶2539

W.A.979 of 2018 & connected cases.

¶2540

later in 1948, required minimum wages payable under the Act to be paid in cash as per Section 11(1). Section 11 had the nominal heading “Wages in kind”, specifically taking into account the prevalence of such wages being paid in kind during the pre-independence period. It was, hence, there was a mandate to pay the wages in cash and sub-section (2) approved payment in kind only when there was a pre-existing custom, which also had to be recognized by the Government, through a notification in the Official Gazette. Considering the abject poverty of the majority of the work force at that point of time there was also a provision enabling the Government to mandate supply of essential commodities at concessional rate, again by notification in the Official Gazette.

¶2541

19. When the Parliament enacted the Minimum Wages Act, 1948, it is deemed to have been aware of the proviso in the Wages Act of 1936; but, however, consciously there was a mandate to pay the minimum wages in cash. Whether the same is applicable even after 70 years when Bank Nationalization and the opening of the market economy has resulted in percolation of the banking activities to the masses is a matter which should be addressed in accordance with the times, by the Union Parliament and it is not for us to interpret a clear mandate, which does not create any

¶2542

- 155 -

¶2543

W.A.979 of 2018 & connected cases.

¶2544

anomalous situation. In this context, we have to notice that the Payment of Wages Act has been suitably amended, empowering the appropriate Governments to either insist for payment only by cheque or only through Bank accounts or either of such modes. The Parliament, hence, was conscious of the developments in banking and its wider reach which is evident by the amendment made to the Payment of Wages Act in the year 2017, as is evidenced from Exhibit R1(a). However, the law making body did not choose to amend the Minimum Wages Act. We cannot find that it was an inadvertent omission. If we interpret it otherwise then it would have the effect of an amendment, which would impinge upon the legislative functions.

¶2545

20. Viewed in this manner, we have to find that the prescription made by sub-rule (2) of Rule 21A, that the employers of the scheduled employments should pay and disburse the wages to the employees only through individual

¶2546

Bank accounts would be in violation of the specific statutory mandate. In this context, we notice the following

¶2547

paragraphs from P.Krishnamurthy , which has been quoted with approval in ( 2016) 7 SCC 703 :

¶2548

“16. The court considering the validity of a subordinate legislation, will have to consider the nature, object and scheme of the enabling Act, and also the area over which power has been delegated

¶2549

- 156 -

¶2550

W.A.979 of 2018 & connected cases.

¶2551

under the Act and then decide whether the subordinate legislation conforms to the parent statute. Where a rule is directly inconsistent with a mandatory provision of the statute, then, of course, the task of the court is simple and easy. But where the contention is that the inconsistency or non-conformity of the rule is not with reference to any specific provision of the enabling Act, but with the object and scheme of the parent Act, the court should proceed with caution before declaring invalidity”.

¶2552

underlining by us for emphasis]

¶2553

Here, the Rule is in direct conflict with the statutory provision, which mandates payment in cash. We accept the contention that in a situation where either of the modes are resorted, of payment in cash or through Bank accounts, it would result in allegations of violation of the provisions under the Act or under the Rules leading to imposition of penalty as prescribed under Section 22 of the Minimum Wages Act. It is, hence, a 'no win' situation for the employer, since either way the payment of minimum wages would attract penal provisions.

¶2554

21. On our interpretation of the Act and the Rules, we find sub-rule (2) of Rule 21A of the Kerala Rules as amended by Exhibit P1 notification to be ultra vires the

¶2555

Act. However, the other amendments are upheld and the

¶2556

- 157 -

¶2557

W.A.979 of 2018 & connected cases.

¶2558

regulatory measure by which there is an insistence brought in for uploading the details of the workers as required in Form XIV as also the other prescriptions, inter alia , of the uploading to be done three days prior to the payment, wage slip issued on a day prior to the payment, are all upheld.

¶2559

22. Having held sub-rule (2) of Rule 21A to be ultra vires , definitely the Department cannot insist for payment through the Bank accounts of the employees. In this context, we look at the specific contention raised by the appellants that only 16 Banks have been provided by the Department for the purpose of making payments through the WPS. We cannot but notice that even if the provision were to be upheld, there can be no insistence that the payment should be only through the WPS. There is no such mandate provided in the rules. The choice of Bank vests exclusively with the employee and there cannot be any insistence by the Department or the employer. If the facility for fund transfer is available through the WPS, it can be availed by the employers at their option and with consent of the employee. Be that as it may, we cannot also ignore the averment of the State in its counter affidavit that there are almost 270 establishments now successfully making the payment of wages through WPS. We do not find any reason to

¶2560

- 158 -

¶2561

W.A.979 of 2018 & connected cases.

¶2562

interfere with the same and we make it clear that though the Department cannot insist on such payment through the WPS, the establishments/employers could voluntarily make such payments through WPS as also credit wages to the accounts of the employees in other Banks with details submitted in the WPS. We say this, since pertinently there is an amendment to the Payment of Wages Act permitting such payment and the Government has also brought out a notification under the Wages Act. This would not necessarily enable the Government to bring out a similar notification under the Minimum Wages Act. But however, we make it clear that if voluntarily the employers make payments through Banks with consent of the employees, there would be no penalty imposed on ground of violation of Section 11(1) of the Minimum Wages Act.

¶2563

The Writ Appeals are partly allowed and it is directed that the employers of the scheduled employments may be granted three months time to commence uploading of Form XIV in Wage Payment System, as of now without the account number of the employee; if not voluntarily provided. There can be no insistence that the minimum wages will be paid through the bank accounts or through the WPS system of the Department. However those who voluntarily do either will not be prosecuted for reason only of violation

¶2564

- 159 -

¶2565

W.A.979 of 2018 & connected cases.

¶2566

of Section 11(1). While declaring sub-rule (2) of Section 21A of the amended Rules of 1958 to be ultra vires to the statute, the other amendments are upheld. The Writ Petitions filed are also partly allowed in the same lines as the Writ Appeals. The parties in the Appeals and Writ Petitions are left to suffer their respective costs.

¶2567

Sd/K.VINOD CHANDRAN JUDGE

¶2568

Sd/V.G.ARUN JUDGE

¶2569

Vku/-

¶2570

- 160 -

¶2571

W.A.979 of 2018 & connected cases.

¶2572

APPENDIX OF WP(C) 23631/2018

¶2573

PETITIONER'S/S EXHIBITS:

¶2574

EXHIBIT-P1: TRUE COPY OF GOVERNMENT ORDER DATED 8/7/2015.

¶2575

- 161 -

¶2576

W.A.979 of 2018 & connected cases.

¶2577

APPENDIX OF WP(C) 23736/2018

¶2578

PETITIONER'S/S EXHIBITS:

¶2579

EXHIBIT P1: TRUE COPY OF THE AMENDMENT PUBLISHED VIDE NOTIFICATION DATED 08/07/2015 EXHIBIT P2: TRUE COPY OF THE COMMON JUDGMENT DATED 10/04/2018 IN WPC.NO.7632 OF 2017 EXHIBIT P3: TRUE COPY OF THE INTERIM ORDER DATED 28/06/2018 IN W.A.NO.1273 OF 2018.

¶2580

- 162 -

¶2581

W.A.979 of 2018 & connected cases.

¶2582

APPENDIX OF WP(C) 24365/2018

¶2583

PETITIONER'S/S EXHIBITS:

¶2584

EXHIBIT P1. COPY OF THE AMENDMENT PUBLISHED VIDE NOTIFICATION DATED 8.7.2015. EXHIBIT P2. COPY OF THE COMMON JUDGMENT DATED 10.04.2018 IN WPC NO.7632/2017. EXHIBIT P3. COPY OF THE INTERIM ORDER DATED 29.6.2018 PASSED IN WA NO.1273 OF 2018.

¶2585

- 163 -

¶2586

W.A.979 of 2018 & connected cases.

¶2587

APPENDIX OF WP(C) 37783/2018

¶2588

PETITIONER'S/S EXHIBITS:

¶2589

EXHIBIT P1 TRUE COPY OF THE AMENDMENT PUBLISHED VIDE NOTIFICATION DATED 8.7.2015 EXHIBIT P2 TRUE COPY OF THE COMMON JUDGMENT DATED 10.04.2018 IN W.P.(C) NO.725 OF 2017 EXHIBIT P3 TRUE COPY OF HE INTERIM ORDER DATED 28.06.2018 PASSED IN WRIT APPEAL NO.12763 OF 2018

¶2590

- 164 -

¶2591

W.A.979 of 2018 & connected cases.

¶2592

APPENDIX OF WP(C) 6090/2019

¶2593

PETITIONER'S/S EXHIBITS:

¶2594

EXHIBIT P1 TRUE COPY OF THE ORDER NO.G2-25844/2007 DATED 23/05/2008 ISSUED BY THE LABOUR COMMISSIONER, THIRUVANANTHAPURAM.

¶2595

EXHIBIT P2 TRUE COPY OF THE AMENDMENT INCORPORATED BY THE GOVERNMENT TO THE KERALA MINIMUM WAGES RULES,1958.

¶2596

EXHIBIT P3 TRUE COPY OF THE COMPARISON TABLE OF THE SYSTEM FOLLOWED BY THE PETITIONER COMPANY AND THE SYSTEM THAT IS SOUGHT TO BE IMPLEMENTED BY THE 1ST RESPONDENT BY ENFORCING THE WAGES PROTECTION SYSTEM.

¶2597

- 165 -

¶2598

W.A.979 of 2018 & connected cases.

¶2599

APPENDIX OF WP(C) 13807/2019

¶2600

PETITIONER'S/S EXHIBITS:

¶2601

EXHIBIT P1 TRUE COPY OF THE AMENDMENT PUBLISHED VIDE NOTIFICATION DATED 08.07.2015 EXHIBIT P2 TRUE COPY OF TRUE COPY OF THE COMMON JUDGMENT DTED 10.04.2018 IN WP(C)7632/2017 EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 28.06.2018 IN WA NO.1273/2018 EXHIBIT P4 TRUE COPY OF THE AMENDMENT DATED 15.02.2017 EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 09.05.2017 EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 27.03.2019

¶2602

- 166 -

¶2603

W.A.979 of 2018 & connected cases.

¶2604

APPENDIX OF WP(C) 18071/2019

¶2605

PETITIONER'S/S EXHIBITS:

¶2606

EXHIBIT P1 TRUE COPY OF THE INCORPORATION CERTIFICATE OF THE PETITIONER COMPANY

¶2607

EXHIBIT P2 TRUE COPY OF THE SAID AMENDMENT ISSUED IN EXERCISE OF THE POWER CONFERRED BY CLAUSE (D) OF THE SUB . SEC (2) OF SEC 30 OF THE MINIMUM WAGES ACT, 1948 DATED 8-7-2015

¶2608

EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER DATED 9-5-2017

¶2609

- 167 -

¶2610

W.A.979 of 2018 & connected cases.

¶2611

APPENDIX OF WP(C) 24859/2019

¶2612

PETITIONER'S/S EXHIBITS:

¶2613

EXHIBIT P1 TRUE COPY OF THE AMENDMENT PUBLISHED VIDE NOTIFICATION DATED 08/07/2015. EXHIBIT P2 TRUE COPY OF THE LIST OF SUCH BANKS AS UPLOADED ON THE WEBSITE OF THE LABOUR COMMISSIONER, KERALA.

¶2614

EXHIBIT P3 TRUE COPY OF THE COMMON JUDGMENT DATED 10/04/2018 BY THIS HONOURABLE COURT. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 28/06/2018 IN WA NO.1273/2018.

¶2615

[TRUE COPY]

Joyalukkas India (P) Ltd. v. State of Kerala

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Joyalukkas India (P) Ltd. v. State of Kerala

Case brief

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