Disposed

Kerala State Umbrella Manufacturers Association, v. Union of India

Kerala HC6 Dec 2022WP(C)/3560/2020

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging a draft minimum wage notification. It held that as the draft was under interim stay, the petitioner was permitted to file objections under the Minimum Wages Act, 1948, rather than pursuing a writ challenge.

What did the court decide?

Petitioner at liberty to file objections under the Minimum Wages Act; petition disposed of.

Kerala State Umbrella Manufacturers Association, Vs… — Service and Employment | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE AMIT RAWAL

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TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944
WP(C) NO. 3560 OF 2020

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PETITIONER:

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KERALA STATE UMBRELLA MANUFACTURERS’ ASSOCIATION,
RATNAPURI (XLII/1068), ERG ROAD,
ERNAKULAM, KOCHI - 682 014,
REPRESENTED BY ITS SECRETARY JOSEPH A.THAYYIL.

¶7

BY ADVS.
K.ANAND
SRI.BENNY ANTONY PAREL
SRI.T.M.MUHAMED HAFEES
SHRI.RAJESH O.N.
SMT.DEEPA VALENTINE LESLIE

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RESPONDENTS:

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1UNION OF INDIA,
CENTRAL SECRETARIATE,
RAFI AHMED KIDWAI MARG,
NEW DELHI - 110 001.

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2 MINISTRY OF LABOUR AND EMPLOYMENT, SHRAM SHAKTI BHAVAN, RAFI MARG, NEW DELHI - 110 001.

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3MINISTRY OF LAW AND JUSTICE,
REPRESENTED BY ITS SECRETARY,
4TH FLOOR, A WING,
SHASTRI BHAWAN,
NEW DELHI - 110 001.

¶12

4STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.

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5THE ADDL. CHIEF SECRETARY,
LABOUR AND REHABILITATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.

¶14

WP(C) NO. 3560 OF 2020

¶15

¶16

6MINIMUM WAGES ADVISORY BOARD,
REPRESENTED BY ITS SECRETARY,
OFFICE OF THE MINIMUM WAGES ADVISORY BOARD,
TOZHIL BHAVAN, PMG JUNCTION,
THIRUVANANTHAPURAM - 695 033.

¶17

BY ADVS.
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
GOVERNMENT PLEADER
MANU S., ASG OF INDIA
ADVOCATE GENERAL OFFICE KERALA
SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL()

¶18

SMT.SABEENA.P.ISMAIL- GP
SRI.S.MANU - DSGI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO. 3560 OF 2020

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¶22

JUDGMENT

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The draft notification dated 19.07.2019 proposing to increase the minimum wages of the employees working in the manufacture and sales of umbrella industry is under challenge. The contention of the petitioner is that the aforementioned draft notification is not as per the Minimum Wages Act as the quorum of the Board is not correct.

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Learned State Counsel raised the objection that it is a draft notification and if it all the petitioner is aggrieved, is at liberty to file objections as per the provisions of the Minimum Wages Act, 1948.

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I have heard the learned counsel for the parties and appraised the paper book.

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As Ext.P1 is actually a draft notification which is under stay by this Court as per the interim order, I am of the view that the petitioner is at liberty to file objection. In case such objections are filed, the competent authority will take into consideration the same and take action in accordance with law.

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Writ petition stands disposed off.

Sd/-

AMIT RAWAL JUDGE

nak

WP(C) NO. 3560 OF 2020

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¶33

APPENDIX OF WP(C) 3560/2020

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RESPONDENT EXHIBITS

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Exhibit R5 (a)True copy of recommendation dated
28/3/2019 submitted by Minimum wages
advisory board

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Exhibit R5 (b)True translated copy of Exhibit R 5(a)

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF THE SAID DRAFT
NOTIFICATION NO.LBRD-E1/34/2019-LBRD
DATED 19/07/2019.

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EXHIBIT P2TRUE COPY OF "THE CODE ON WAGES 2019"
(NUMBER 29 OF 2019) DATED 18/08/2019.
EXHIBIT P3TRUE COPY OF THE SAID NOTIFICATION
NO.GO(P) NO.6/2019/LBR DATED 12/01/2019
ISSUED BY THE STATE OF KERALA, LABOUR
AND SKILLS (E) DEPARTMENT.

Kerala State Umbrella Manufacturers Association, v. Union of India

Case brief

What is this about?

What did the court decide?

Kerala State Umbrella Manufacturers Association, v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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