IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 21312 of 2008(K) -------------------------- PETITIONER: ------------ 1. AYURVEDA HOSPITAL MANAGEMENTS ASSOCIATION (AHMA) REG.NO.ER 775/05, STATE COMMITTEE, REP. BY ITS GENERAL SECRETARY DR.BABY KRISHNAN, C/O.AYSWARYA HOSPITAL, PUKKATTUPADY, ALUVA - 683 561. 2. ASHTA VAIDYAN THAIKKATTU MOOSS VAIDYARATNAM NURSING HOME, THAIKKATTUSSERY (PO), OLLUR, THRISSUR - 680 322. A PARTNERSHIP FIRM, REP. BY ITS MANAGING PARTNER, E.T.NEELAKANDAN MOOSS. BY ADV. SRI.E.K.MADHAVAN SRI.V.KRISHNA MENON SMT.P.VIJAYAMMA SMT.UMA GOPINATH SRI.DEVIDAS.U.K RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY OF LABOUR & REHABILITATION, GOVERNMENT OF KERALA, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. MINIMUM WAGES COMMITTEE FOR PRIVATE HOSPITALS, DISPENSARIES, PHARMACIES, CLINICAL LABORATORIES, SCANNING CENTRES ETC. GOVERNMENT OF KERALA, C/O.STATE ADVISORY CONTRACT LABOUR BOARD, A.K.TOWERS, PARIS LANE, BAKERY JUNCTION, THYCAUD P.O., TVM. BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 21312 of 2008 ================== Dated this the 25th day of August, 2008 J U D G M E N T The petitioners are the Ayurveda Hospital Managements Association, and one of the members of that Association who runs an Ayurveda hospital. The petitioners' grievance in this writ petition is that although revision of minimum wages relating to the Ayurveda hospitals is also being considered by the 2nd respondent Minimum Wages Committee appointed for private hospitals, dispensaries, pharmacies etc. a representative of the Ayurveda hospitals is not being included in the same. The petitioners, therefore, seek the following reliefs: “i. to issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding the 1st respondent to consider and pass orders on Exts.P3 and P4 representations after affording an opportunity of hearing to the petitioners forthwith, for including employers' representatives of Ayurveda Hospitals in the 2nd respondent by modifying Ext.P1. ii. to issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding the 2nd respondent to carefully consider the contentions raised by the 1st petitioner in Ext.P6 and give its recommendations in the light of the various points raised by the 1st respondent in Ext.P6, after affording an opportunity of effective hearing and producing of materials to substantiate its points.” w.p.c.21312/08 2 2. I have heard the learned Government Pleader also. 3. It is not disputed before me that the 2nd respondent- Minimum Wages Committee is constituted for revision of minimum wages in private hospitals including Ayurveda hospitals also and that no representative of Ayurveda hospitals is now included in the same. I am satisfied that it is only appropriate that a representative of private Ayurveda hospitals is also included as a member of the Minimum Wages Committee. The petitioners have filed Exts.P3 and P4 representations before the 1st respondent in this regard. Accordingly, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Exts.P3 and P4 representations before the 2nd respondent-Minimum Wages Committee deliberates on the question of revision of minimum wages any further. The petitioners shall produce a copy of the writ petition along with a certified copy of this judgment before the 1st respondent for compliance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.21312/08 3