Allowed

Sarovar Hotels Private Limited v. the Authority Under Minimum Wages Act, 1948

Kerala HC16 Nov 2022WP(C)/18751/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed three writ petitions and quashed claim petitions filed by the Labour Enforcement Officer. The court held the complaints were not maintainable before a notice or enquiry as the agreement stipulated State Government minimum wages. The Central Commissioner lacked jurisdiction given the State context.

What did the court decide?

The complaint petitions filed before the Regional Labour Commissioner (Central) were quashed, and the writ petitions were allowed.

Sarovar Hotels Private Limited Vs the… — Labour and Industrial Disputes | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2

THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 16^TH DAY OF NOVEMBER 2022 / 25TH KARTHIKA, 1944 WP(C) NO. 18762 OF 2022

¶3

PETITIONER/S:

¶4

SAROVAR HOTELS PRIVATE LIMITED REPRESENTED BY ITS GENERAL MANAGER, IIM CAMPUS, IIMK CAMPUS P.O., KUNNAMANGALAM, KOZHIKODE, PIN 673570 AND HAVING CORRECT ADDRESS AT INSTITUTIONAL HOSPITALITY, SREE SREE TOWERS, FLAT#G1, DOOR# 7-1-75, DHARAM KARAM ROAD, AMEERPET, HYDERABAD 500016

¶5

BY ADVS. BASIL MATHEW NINAN JOHN SANJANA SARA VARGHESE ANNIE

¶6

RESPONDENT/S:

¶7

1 THE AUTHORITY UNDER MINIMUM WAGES ACT, 1948 REGIONAL LABOUR COMMISSIONER (CENTRAL), COCHIN KENDRIYA SHRAM SADAN, KAKKANAD, COCHIN, PIN 682030

¶8

2 INDIAN INSTITUTE OF MANAGEMENT, REPRESENTED BY SECRETARY, IIM-K CAMPUS P.O., IIM ROAD, KUNNAMANGALAM, KOZHIKODE PIN 673570 3 MURUKESAN M., AGED 57 YEARS S/O LATE APPU, MUDHUMMAL HOUSE, CHELAVOOR P.O., KOZHIKODE, PIN 673571 4 GIREESAN N.. AGED 57 YEARS S/O LATE SAMI N. NEDUVACHALIL, KARANTHUR P.O.. KOZHIKODE, PIN 673571 5 VINOD M.K., AGED 50 YEARS S/O LATE KARUNAKARAN NAIR, KARUNALAYAM HOUSE, NELECHETYAM VEETTIL VENGERI P.O., KOZHIKODE, PIN 673010

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WP(C) NO. 18762 OF 2022 and conctd. Case

¶10

¶11

6	AMBUJAKSHAN T.C.,
	AGED 59 YEARS
	S/O SALAN NAIR, THAZHECHERAYIL HOUSE, NANMINDA P.O., KOZHIKODE, PIN 673613
7	SAHADEVAN P.K., AGED 60 YEARS S/O LATE SANKARAN, POTTAKULATHIL HOUSE, NIT P.O., CHENOTH, KOZHIKODE, PIN 673601
8	BABU P.K.,
	AGED 52 YEARS S/O KARUNAKARA PANICKER, KUNNATH HOUSE, NANMINDA P.O., KOZHIKODE, PIN 673613
9	RAMAKRISHNAN A., AGED 55 YEARS S/O KUTTAN NAIR, ACHALATH H
	HOUSE, NANMINDA P.O., KOZHIKODE 673 613.
10	MURALEEDHARAN M., AGED 54 YEARS S/O ACHUTHAN NAIR, KOTTILAM PARAMBATH HOUSE, MAYANAD P.O. KOZHIKODE. PIN 673008
11	BABURAJAN E.K., AGED 52 YEARS S/O RAGHAVAN NAIR,
	ERADIKKANDIYIL HOUSE, PARAPPENPOYIL P.O., KOZHIKODE, PIN 673573
12	SURESH KUMAR P., AGED 51 YEARS
	S/O RAMUNNI NAIR, PANJHOLA HOUSE, KOZHUKALILOOR P.O.. KOZHIKODE, PIN 673524
13	BABURAJ A., MELEMEKKALA MADATHIL, CHERUKULATHUR,
	PERUVAYAL, POOAVATTUPARAMBA.
	KOZHIKODE, PIN 673008

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WP(C) NO. 18762 OF 2022 and conctd. Case

¶13

¶14

14 PREEJITH KUMAR NOCHIKADU HOUSE, KUNNAMANGALAM P.O., KOZHIKODE 673 571. BY ADVS. R.PREMSANKAR, CGC M.GOPIKRISHNAN NAMBIAR ANIL KUMAR C K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN A.K.PREETHA(K/000363/1997)

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2022, ALONG WITH WP(C).18751/2022, 18759/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

¶17

WP(C) NO. 18762 OF 2022 and conctd. Case

¶18

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶19

PRESENT

¶20

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶21

WEDNESDAY, THE 16^TH DAY OF NOVEMBER 2022 / 25TH KARTHIKA, 1944 WP(C) NO. 18751 OF 2022

¶22

PETITIONER/S:

¶23

SAROVAR HOTELS PRIVATE LIMITED REPRESENTED BY ITS GENERAL MANAGER, IIM CAMPUS, IIMK CAMPUS P. O., KUNNAMANGALAM, KOZHIKODE, PIN - 673570 AND HAVING CORRECT ADDRESS AT INSTITUTIONAL HOSPITALITY, SREE SREE TOWERS, FLAT#G1, DOOR# 7-175, DHARAM KARAM ROAD, AMEERPET, HYDERABAD - 500016.

¶24

BY ADVS. BASIL MATHEW NINAN JOHN SANJANA SARA VARGHESE ANNIE

¶25

RESPONDENT/S:

¶26

1 THE AUTHORITY UNDER MINIMUM WAGES ACT, 1948 REGIONAL LABOUR COMMISSIONER (CENTRAL), COCHIN KENDRIYA SHRAM SADAN, KAKKANAD, COCHIN, PIN 682030.

¶27

2 INDIAN INSTITUTE OF MANAGEMENT REPRESENTED BY SECRETARY, IIM-K CAMPUS P. O., IIM ROAD, KUNNAMANGALAM, KOZHIKODE, PIN - 673570.

¶28

3 SAJI T. AGED 46 YEARS S/O VELAYUDHAN, NELLIKKAL MEETHAL HOUSE, PAYAMBRA P. O., KOZHIKODE, PIN - 673571. 4 SANDHYA V. K. AGED 33 YEARS D/O RAMAKRISHNAN V. K., VELLARAM KUNNUMMAL HOUSE, KARANTHUR P. O., KOZHIKODE, PIN 673571.

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WP(C) NO. 18762 OF 2022 and conctd. Case

¶30

¶31

5	SHAREENA K. AGED 46 YEARS D/O LATE RAMANKUTTY, KALLUVETTUKUZHIYIL HOUSE, MUTTANCHARI P.O., KOZHIKODE, PIN - 673685.
6	RAVEENDARAN K. AGED 53 YEARS S/O LATE GOVINDAN, KARAYIL HOUSE, PILASSARY P. O., KOZHIKODE, PIN - 673571.
7	ANOOP VIJAYAKUMAR S/O SUBHRAMANNYAN NAIR, KEEZHILLAM PODI HOUSE, B. C. ROAD WEST BEYPORE, KOZHIKODE, PIN - 673015.
8	SATHEESAN K. K. AGED 51 YEARS
	S/O LATE RAMAN, KUZHIKANDATHIL HOUSE, KODUVALLY P. O., KOZHIKODE, PIN - 673572.
9	MURALEEDHARAN M. AGED 48 YEARS S/O LATE SANKARAN, MALAYIL HOUSE, CHELAVOOR P. O., KOZHIKODE, PIN - 673571.
10	PRAJITHA P. AGED 38 YEARS D/O LATE RAJAN, PURTHUSSERY HOUSE, KOTTAMPARAMBA P. O., KOZHIKODE, PIN - 673008.
11	PRASANNA KUMARI M. AGED 52 YEARS D/O LATE GOVINDAN NAMBIAR, MOOSARIKANDIYIL HOUSE, KOTTAMPARAMBA P. O., KOZHIKODE, PIN - 673008.
12	MINI K. AGED 43 YEARS D/O LATE RAGHAVAN NAIR, KITTASSERY HOUSE, CHOOLUR P. O., KOZHIKODE, PIN - 673601.
13	BHAVITHA M. K. AGED 42 YEARS
	D/O APPU M. K., ULLADANCHALLILL HOUSE, KOTTAMPARAMBA
	P. O., KOZHIKODE, PIN 673008.

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WP(C) NO. 18762 OF 2022 and conctd. Case

¶33

¶34

14	SAJITH C. AGED 40 YEARS D/O NARAYANAN C. T., CHERUTHADATHIL HOUSE, WEST MAMPATTA MANASSERY P. O., KOZHIKODE, PIN 673602.
15	DEEPA P. AGED 46 YEARS D/O DAMODARAN NAIR, MANKKOTH HOUSE, NEAR KHADI BOARD, MUNDAKKAL, POOVATTUPARAMBA P. O., KOZHIKODE, PIN - 673008.
16	SUNITHA N. K. AGED 34 YEARS D/O CHANDRAN, AMBANOOR P. O., KOZHIKODE, PIN - 673571.
17	RATHI M. AGED 53 YEARS D/O LATE CHATTHUKUTTY M., PEEDIKATHODIKAYIL HOUSE, KARANTHOOR P. O., KOZHIKODE, PIN - 673571.
18	AJITHA M. AGED 48 YEARS D/O LATE KUMARAN, MOOSARUKANDIYIL HOUSE, KOTTAMPARAMBA, KOZHIKODE, PIN - 673008.
19	JYOTHI C. AGED 38 YEARS D/O LATE CHANDRAN M., VADAKKAYIL HOUSE, PILASSARY P. O., KOZHIKODE, PIN - 673571.
20	PRAMEELA C. P. AGED 38 YEARS D/O RATHNAKARAN, EDARATH HOUSE, PILASSARY P. O., KOZHIKODE, PIN 673571.
21	PUSHPA A. P. AGED 52 YEARS D/O LATE GOPALAN A. P., AMBALAPARAMBIL HOUSE, CHOOLAM VAYAL, KUNNAMANGALAM P. O., KOZHIKODE, PIN - 673571.
22	SHYJA M. M. AGED 46 YEARS
	D/O LATE VELAYUDHAN A., KOYAMBARATH MEETHAL HOUSE, CHELAVOOR P. O., KOZHIKODE, PIN - 673571.

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WP(C) NO. 18762 OF 2022 and conctd. Case

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23 RATHEESH KALLUKULANGARA HOUSE, BEENACHI P. O., SULTHAN BATHERY, WAYANAD, PIN 673592.

¶38

BY ADVS. N.J.ASHWIN M.GOPIKRISHNAN NAMBIAR ANIL KUMAR C K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN A.K.PREETHA(K/000363/1997)

¶39

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2022, ALONG WITH WP(C).18762/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 18762 OF 2022 and conctd. Case

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¶42

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶43

PRESENT

¶44

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶45

WEDNESDAY, THE 16^TH DAY OF NOVEMBER 2022 / 25TH KARTHIKA, 1944

¶46

WP(C) NO. 18759 OF 2022

¶47

PETITIONER/S:

¶48

SAROVAR HOTELS PRIVATE LIMITED REPRESENTED BY ITS GENERAL MANAGER, INSTITUTIONAL HOSPITALITY, SREE SREE TOWERS. FLAT#G1, DOOR# 7-175, DHARAM KARAM ROAD, AMEERPET, HYDERABAD - 500016.

¶49

BY ADVS. BASIL MATHEW NINAN JOHN SANJANA SARA VARGHESE ANNIE AJAY KRISHNAN S.

¶50

RESPONDENT/S:

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1 THE AUTHORITY UNDER MINIMUM WAGES ACT, 1948 REGIONAL LABOUR COMMISSIONER (CENTRAL), COCHIN, KENDRIYA SHRAM SADAN, KAKKANAD, COCHIN, PIN - 682030.

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2 STATE REPRESENTED BY THE LABOUR ENFORCEMENT OFFICER (CENTRAL), OFFICE OF THE DEPUTY CHIEF LABOUR COMMISSIONER (CENTRAL), KENDRIYA SHRAM SADAN, OHMUGAL, KAKKANAD, COCHIN, PIN - 682030.

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3 MAHESH V. RAJ GENERAL MANAGER, SAROVAR HOTELS PRIVATE LIMITED, IIM-K CAMPUS P. O., IIM ROAD, KUNNAMANGALAM, KOZHIKODE, PIN – 673570.

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WP(C) NO. 18762 OF 2022 and conctd. Case

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4 INDIAN INSTITUTE OF MANAGEMENT REPRESENTED BY SECRETARY, IIM-K CAMPUS P. O., IIM ROAD, KUNNAMANGALAM, KOZHIKODE, PIN - 673570.

¶57

BY ADVS. R.PREMSANKAR, CGC M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN

¶58

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2022, ALONG WITH WP(C).18762/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶59

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WP(C) NO. 18762 OF 2022 and conctd. Case

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JUDGMENT

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This order of mine shall dispose of three writ petitions preferred by the Sarovar Hotels Private Limited seeking quashing of the claim petitions bearing No.MCA/05/2018/B1, Misc.02/2021/B1 and Misc.-01/2021/B.1 preferred before the Regional Labour Commissioner (Central) by the Labour Enforcement Officer (Central) and by the employees of the petitioner for claiming the difference of minimum wages on the rates specified by the Central Government pattern.

¶63

Petitioner is running a business of rendering hospitality services and managing many hotels, resorts and other establishments in Kerala, including Hotel Classic Sarovar Portico, Thiruvananthapuram, Poetree Sarovar, Thekkady, Management Development Centre of IIMK, Kozhikode etc.

¶64

Indian Institute of Management at Kozhikode (IIM), respondent, premier institutes for management studies started a program for providing the trainees to senior executives and constructed a Management Development Centre within their campus to host such executive trainees. Petitioner participated the aforementioned bid and was a successful bidder. An agreement

¶65

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WP(C) NO. 18762 OF 2022 and conctd. Case

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Ext.P3 dated 3.12.2013 was entered into between the petitioner and the IIM containing certain terms and conditions specifying that the employees of the petitioner rendering the services in the IIM would be paid minimum wages as per the minimum wages notified by the State Government.

¶68

Learned counsel for the petitioner and the IIM are unifiedly submitted that the claim petition filed on behalf of the Central Regional Labour Commissioner and the employees of the petitioner claiming minimum wages on the pattern of Central Govern ment than the State Government is ex facie not maintainable being wholly without jurisdiction.

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Concededly the workers rendering the services before the respondent are the employees of the petitioner and not the employees of the IIM, an autonomous body of the Central Government.

¶70

On the other hand, the learned counsel for the respondent No.1 and 2 supported the aforementioned complaints and says that the writ petitions are premature and nothing prevents the petitioner to contest the claim petition by filing a reply. This issue cannot be tried in a preliminary manner as it requires evidence and therefore the writ petitions should be dismissed.

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WP(C) NO. 18762 OF 2022 and conctd. Case

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I have heard the learned counsel for the parties and appraised the paper book. The Minimum Wages Act defines the appropriate Government. Section 2(b) of the same reads as under:

¶74

Interpretation. (b) 'appropriate Government means (i) in relation to any scheduled employment carried on by or under the authority of the⁴ [Central Government or a railway administration], or in relation to a mine, oil-field or major port, or any corporation established by⁵ [a Central Act], the Central Government, and

¶75

(ii) in relation to any other scheduled employment, the 6 [State Government]; (bb) child means a person who has not completed his fourteenth year of age;](c) "competent authority" means the authority appointed by the appropriate Government by notification in its Official Gazette to ascertain from time to time the cost of living index number applicable to the employees employed in Scheduled employments specified in such notification;

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(d) "cost of living index number", in relation to employees in any scheduled employment in respect of which minimum rates of wages have been fixed, means the index number ascertained and declared by the competent authority by notification in the Official Gazette to be the cost of living index number applicable to employees in such employment;

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(e) "employer" means any person who employs, whether directly or through another person, or whether on behalf of himself or any other person, one or more employees in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, and includes, except in sub-section (3) of section 26-

¶78

Concededly there is a relationship of the employer and employee between the petitioner, who are rendering the services with the respondent, IIM. They are not the employees of the IIM, which would give a cause for claiming the minimum wages on the basis of the Central Government pattern, which is having a better remuneration than the minimum wages fixed by the State

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WP(C) NO. 18762 OF 2022 and conctd. Case

¶81

Government. Clause 39 of the agreement Ext.P3 reads as under.

¶82

It is made abundantly clear that the personnel engaged by the contractor shall in no sense be deemed to be working under the institute. In other words, IIMK shall not be deemed to be the direct, indirect or ultimate employer of the personnel engaged by the institute for the work undertaken by the Contractor and these does not and shall not exist any employer-employee relationship between the contractors' employees on the one hand and institute on the other hand for any statutory benefits and entitlements. The contractor alone shall be responsible for complying with the various statutory obligations such as minimum wages, ESI, PF etc, and the minimum wages as applicable to the state of Kerala. The contractor's workers will have to be registered for PF and ESI within the state of kerala and registration for the same are done at Kozhikode. The Contractor is required to submit proof of the same. The contractor is also required to submit documents towards proof of remittance towards ESI, PF and bonus for the workers engaged for this work along with every running Account Bill. The contractors bills are liable to be held up for want of proof of having done the necessary registrations of remittances of payments towards the enumerated statutory obligations.

¶83

The definition of the employee as read out from the provisions of Section 2(i), means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed and would also include an outworker to whom any articles or materials are given out by any other person to be made up. From the perusal of the definition of the employee as mentioned under the provisions of EPF and ESI Act, there is no different meaning to include the indirect employee as been given to.

¶84

On perusal of the same, it is clear that both the parties

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WP(C) NO. 18762 OF 2022 and conctd. Case

¶87

had set their hands together regarding the appl icability of the documents. Central Labour Enforcement Officer Commissioner could not have instituted the complaint without putting any notice to the petitioner and without holding the preliminary enquiry or verification.

¶88

For the reason aforementioned, the complaints are quashed. Writ petitions are allowed.

Sd/-

sab

AMIT RAWAL

JUDGE

WP(C) NO. 18762 OF 2022 and conctd. Case 15

¶94

APPENDIX OF WP(C) 18751/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF CLAIM PETITION NO. MISC. - 02/2021/B.1 FILED BEFORE REGIONAL LABOUR DE COMMISSIONER (CENTRAL), COCHIN.
Exhibit P2	TRUE COPY TENDER NOTICE NO. IIMK/7-06/T- 1/2012-13 DATED 7.11.2012 CALLING FOR A SUITABLE VENDOR.
Exhibit P3	TRUE COPY MEMORANDUM OF AGREEMENT DATED 03.12.2013, DETAILING THE TERMS OF ENGAGEMENT, FOR A PERIOD OF THREE YEARS.
Exhibit P3(a)	TRUE COPY OF THE LETTER DATED 19.02.2021 EXTENDING EXHIBIT P3 AGREEMENT TILL 15.04.2022.
Exhibit P4	TRUE COPY OF REGISTRATION CERTIFICATE UNDER KERALA SHOPS AND COMMERCIAL ESTABLISHMENT ACT, 1960 ISSUED BY ASST. LABOUR OFFICER, THAMARASSERY BEARING REGISTRATION NO. KM 1076/13 (NEW- NO. SH 111150090605) DATED 26.12.2013, ALONG WITH EXTENSIONS TILL DATE.
Exhibit P5	TRUE COPY OF THE REGISTER OF WAGES MAINTAINED BY THE PETITIONER FOR THE MONTH OF DECEMBER 2013 WHICH WAS INSPECTED AND COUNTER SIGNED BY ASST. LABOUR OFFICE, THAMARASSERY ON 12.02.2014.
Exhibit P6	THE TRUE COPY OF INSPECTION REPORT AND NOTICE DATED 03.12.2016 ISSUED TO THE PETITIONER BY ASST. LABOUR OFFICER, THAMARASSERY.
Exhibit P7	THE TRUE COPY OF THE REGISTER OF WAGES MAINTAINED BY THE PETITIONER FOR THE MONTH OF NOVEMBER 2016, WHICH WAS INSPECTED AND COUNTER SIGNED BY ASST. LABOUR OFFICER, THAMARASSERY ON 19.12.2016.

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WP(C) NO. 18762 OF 2022 and conctd. Case

¶98

¶99

Exhibit P8 THE TRUE COPY OF THE ACKNOWLEDGMENT DATED 19.12.2016 ISSUED BY ASST. LABOUR OFFICE, THAMARASSERY, EVIDENCING SATISFACTION OF COMPLIANCE BY THE PETITIONER WITH RESPECT TO ALL APPLICABLE LABOUR LAWS. Exhibit P9 THE SCREENSHOT OF THE LOGIN PAGE OF THE PETITIONER IN WPS. Exhibit P10 THE TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER ON 28.01.2022. Exhibit P11 THE TRUE COPY OF THE AUTHORISATION LETTER. RESPONDENT EXHIBITS R1(a) ORDER IN SIMILAR CASE FILED BY THE PETITIONER BEFORE THE HON'BLE HIGH COURT OF CULCUTTA

¶100

WP(C) NO. 18762 OF 2022 and conctd. Case 17

¶101

APPENDIX OF WP(C) 18759/2022

¶102

PETITIONER EXHIBITS

¶103

Exhibit P1	TRUE COPY OF CLAIM PETITION NO. MCA/05/2018/B1 FILED BEFORE REGIONAL LABOUR COMMISSIONER (CENTRAL), COCHIN.
Exhibit P2	TRUE COPY TENDER NOTICE NO. IIMK/7-06/T- 1/2012-13 DATED 7.11.2012 CALLING FOR A SUITABLE VENDOR.
Exhibit P3	TRUE COPY MEMORANDUM OF AGREEMENT DATED 03.12.2013, DETAILING THE TERMS OF ENGAGEMENT, FOR A PERIOD OF THREE YEARS.
Exhibit P3(a)	TRUE COPY OF THE LETTER DATED 19.02.2021 EXTENDING EXHIBIT P3 AGREEMENT TILL 15.04.2022.
Exhibit P4	TRUE COPY OF REGISTRATION CERTIFICATE UNDER KERALA SHOPS AND COMMERCIAL ESTABLISHMENT ACT, 1960 ISSUED BY ASST. LABOUR OFFICER, THAMARASSERY BEARING REGISTRATION NO. KM 1076/13 (NEW- NO. SH 111150090605) DATED 26.12.2013, ALONG WITH EXTENSIONS TILL DATE.
Exhibit P5	TRUE COPY OF THE REGISTER OF WAGES MAINTAINED BY THE PETITIONER FOR THE MONTH OF DECEMBER 2013 WHICH WAS INSPECTED AND COUNTER SIGNED BY ASST. LABOUR OFFICE, THAMARASSERY ON 12.02.2014.
Exhibit P6	THE TRUE COPY OF INSPECTION REPORT AND NOTICE DATED 03.12.2016 ISSUED TO THE PETITIONER BY ASST. LABOUR OFFICER, THAMARASSERY.
Exhibit P7	THE TRUE COPY OF THE REGISTER OF WAGES MAINTAINED BY THE PETITIONER FOR THE MONTH OF NOVEMBER 2016, WHICH WAS INSPECTED AND COUNTER SIGNED BY ASST. LABOUR OFFICER, THAMARASSERY ON 19.12.2016.

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WP(C) NO. 18762 OF 2022 and conctd. Case

¶105

¶106

Exhibit P8	THE TRUE COPY OF THE	ACKNOWLEDGMENT DATED
	19.12.2016 ISSUED BY THAMARASSERY, EVIDENC COMPLIANCE BY THE PET TO ALL APPLICABLE LAB	ASST. LABOUR OFFICE, ING SATISFACTION OF ITIONER WITH RESPECT OUR LAWS.
Exhibit P9	THE SCREENSHOT OF THE PETITIONER IN WPS.	LOGIN PAGE OF THE
Exhibit P10	THE TRUE COPY OF THE THE PETITIONER DATED	OBJECTION FILED BY 27.01.2022.
Exhibit P11	THE TRUE COPY OF THE RESPONDENT NO. 4 IN D	REPLY FILED BY ECEMBER 2019.
Exhibit P12	THE TRUE COPY OF THE	AUTHORISATION LETTER.

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WP(C) NO. 18762 OF 2022 and conctd. Case 19

¶108

APPENDIX OF WP(C) 18762/2022

¶109

PETITIONER EXHIBITS

¶110

Exhibit P1	TRUE COPY OF CLAIM PETITION NO. MISC. 01/2021/B.1 FILED BEFORE REGIONAL LABOUR COMMISSIONER (CENTRAL), COCHIN .
Exhibit P2	TRUE COPY TENDER NOTICE NO. IIMK/706/T- 1/2012-13 DATED 7.11.2012 CALLING FOR A SUITABLE VENDOR.
Exhibit P3	TRUE COPY MEMORANDUM OF AGREEMENT DATED 03.12.2013, DETAILING THE TERMS OF ENGAGEMENT, FOR A PERIOD OF THREE YEARS.
Exhibit P3 A	TRUE COPY OF THE LETTER DATED 19.02.2021 EXTENDING EXHIBIT P3 AGREEMENT TILL 15.04.2022.
Exhibit P4	TRUE COPY OF REGISTRATION CERTIFICATE UNDER KERALA SHOPS AND COMMERCIAL ESTABLISHMENT ACT, 1960 ISSUED BY ASST. LABOUR OFFICER, THAMARASSERY BEARING REGISTRATION NO. KM 1076/13 (NEW- NO. SH 111150090605) DATED 26.12.2013, ALONG WITH EXTENSIONS TILL DATE.
Exhibit P5	TRUE COPY OF THE REGISTER OF WAGES MAINTAINED BY THE PETITIONER FOR THE MONTH OF DECEMBER 2013 WHICH WAS INSPECTED AND COUNTER SIGNED BY ASST. LABOUR OFFICE, THAMARASSERY ON 12.02.2014.
Exhibit P6	THE RUE COPY OF INSPECTION REPORT AND NOTICE 03.12.2016 ISSUED TO THE PETITIONER BY ASST. LABOUR OFFICER, THAMARASSERY.
Exhibit P7	THE TRUE COPY OF THE REGISTER OF WAGES MAINTAINED BY THE PETITIONER FOR THE MONTH OF NOVEMBER 2016, WHICH WAS INSPECTED AND COUNTER SIGNED BY ASST. LABOUR OFFICER, THAMARASSERY ON 19.12.2016.

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WP(C) NO. 18762 OF 2022 and conctd. Case

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¶113

Exhibit P8 THE TRUE COPY OF THE ACKNOWLEDGMENT DATED 19.12.2016 ISSUED BY ASST. LABOUR OFFICE. THAMARASSERY, EVIDENCING SATISFACTION OF COMPLIANCE BY THE PETITIONER WITH RESPECT TO ALL APPLICABLE LABOUR LAWS. Exhibit P9 THE SCREENSHOT OF THE LOGIN PAGE OF THE ES PETITIONER IN WPS. Exhibit P10 THE TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER ON 28.01.2022. Exhibit P11 THE TRUE COPY OF THE AUTHORISATION LETTER.

Sarovar Hotels Private Limited v. the Authority Under Minimum Wages Act, 1948

Case brief

What is this about?

What did the court decide?

Sarovar Hotels Private Limited v. the Authority Under Minimum Wages Act, 1948

Case brief

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What did the court decide?

What the court decided

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