High Court of KeralaWP(C)/34958/2011disposed of

Silpy Parppida Kendram v. C.K.Balakrishnan

2015-01-12Honourable Mr.Justice K.Vinod Chandran6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 WP(C).No. 34958 of 2011 (T) ---------------------------- PETITIONER :

-------------------- SILPY PARPPIDA KENDRAN REPRESENTED BY ITS SECRETARY NIDA, KANJIKODE, PALAKKAD - 678 621.

BY ADVS.SRI.T.C.SURESH MENON SRI.JIBU P. THOMAS SRI.P.S.APPU SRI.A.R.NIMOD RESPONDENT(S) :

------------------------------ 1.

C.K. BALAKRISHNAN S/O. KARUPPAN, RESIDING AT CHENNAMKADU HOUSE CHENNAMKADU P.O., KOTTAYI PALAKKAD - 678 573.

SURESH PALAKKAD S/O. PONMALAI, RESIDING AT THAZHATHU VEEDU NOORANI P.O., VENNAKKARA, PALAKKAD - 678 004. 3.

P. ARUMUGHAN S/O. PALU, RESIDING AT NEITHALA ERETTUKULAM P.O., PARA ELAPPULLY, PALAKKAD - 678 622.

R. GANESH S/O. RAMASWAMY, RESIDING AT RKGM NIVAS PETTAKKAD, CHULLIMADA P.O., KANJIKODE, PALAKKAD - 678 621.

KANAKARAJ S/O. KRISHNASWAMY RESIDING AT KOYYAMARAKKAD KANJIKODE P.O., PALAKKAD - 678 621.

K. SIVARAJ S/O. KITTA, RESIDING AT CHULLIMADA KANJIKODE, PALAKKAD - 678 621.

...2/-

WP(C).No. 34958 of 2011 (T) -27. THE DISTRICT PANCHAYATH OFFICE REPRESENTED BY ITS SECRETARY PALAKKAD - 678 001.

THE MANAGER DISTRICT INDUSTRIES CENTRE BEHIND CIVIL STATION, PALAKKAD - 678 001.

R1 TO R6 BY ADV. SRI.P.K.MOHANAN (PALAKKAD) R7 BY ADV. SRI.T.V.VINU R8 BY GOVT. PLEADER SRI. R. RANJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/-

WP(C).No. 34958 of 2011 (T) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE REGISTRAR OF SOCIETIES DATED 24.6.1998.

EXT.P2 COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY, DISTRICT PANCHAYATH OFFICE DATED NIL.

EXT.P3 COPY OF THE APPLICATION FILED BY RESPONDENTS 1 TO 6 BEFORE THE COURT OF THE COMMISSIONER FOR EMPLOYEES COMPENSATION DATED 9.11.2009.

EXT.P4 COPY OF THE OBJECTION FILED BY THE PETITIONER AND RESPONDENTS 7 AND 8 DATED 29.3.2010.

EXT.P5 COPY OF THE ORDER IN M.W.A. NO. 10/2009 ON THE FILE OF THE COMMISSIONER FOR EMPLOYEE'S COMPENSATION, PALAKKAD DATED 29.8.2011.

RESPONDENT'S EXHIBITS :

EXT.R1(a) : COPY OF THE LETTER DATED 24.5.2008 OF THE PUBLIC INFORMATION OFFICER, DISTRICT INDUSTRIES CENTRE, PALAKKAD OBTAINED UNDER THE RIGHT TO INFORMATION ACT.

//TRUE COPY// P.A. TO JUDGE Mn

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No.34958 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2015

J U D G M E N T

The petitioner is aggrieved with the order passed at Ext.P5 by the Commissioner for Employees Compensation, Palakkad. The application before the Commissioner was made by the respondents 1 to 6 contending that they were employed for various periods continuously in the petitioner's Organisation and had been entitled to minimum wages which they were not paid. The petitioner contends that the rate of wages they were paid as daily wage workers, were between 75 to 125, whereas the minimum rate was Rs.209/- as per Ext.P3.

2. The claim has been allowed by the Commissioner on the basis of G.O(Rt)NO.419/2004/Lbr dated 13.02.2004. Admittedly, the petitioner was engaged in Brick manufacturing. The petitioner has been constituted as a Charitable Society for the purpose of imparting training to the unemployed persons from the lower strata of society and is financed by the plan fund of the Panchayat. The petitioner had been imparting training works and the respondents 1 to 6

WPC.No.34958/2011 : 2 :

also were trained in brick manufacturing. They were said to have been continued as daily wage workers between February 2009 to October 2009, the period for which the minimum wages has been granted by Ext.P5 order. The petitioner's contention is that the employment in which the respondents 1 to 6 were engaged was not a scheduled employment, which contention is belied by the fact that "brick manufacturing" comes under the schedule.

3. The further contention is with respect to G.O(Rt) 419/2007/Lbr dated 13.02.2004 regarding employment in brick manufacturies. A perusal of the schedule of the said notification would indicate that none of employment so scheduled thereunder has minimum wages fixed at Rs.209/-. Even the skilled workers like Moulders, Kiln settlers, Kiln Burners are fixed with a minimum wage of Rs.90/-. Even according to the claim made, the respondents have been paid more than that, for the aforesaid period. The unskilled workers are entitled to Rs.85.20/- by the notification relied on by the Commissioner. In such circumstance, reliance placed on the notification is not proper. If at all a subsequent

WPC.No.34958/2011 : 3 :

notification has been issued, the same would have to be urged before the Commissioner.

4. In such circumstance, Ext.P5 would stand set aside. The matter is remanded back for fresh consideration. The parties shall appear before the Commissioner on 28.01.2015 and the Commissioner shall consider the issue and decide on the same within a period of three months from the date of appearance.

Writ petition is disposed of.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge