IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 30948 of 2004(H) -------------------------- PETITIONER: ------------- MALABAR HOSTEL THOZHILALI UNION (GROW), VAGHESE SMARAKA BOOK STALL, NELLIKKODE, KOZHIKODE, REPRESENTED BY PRESIDENT. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI RESPONDENTS: ----------------- 1. STATE OF KERALA TO BE REPRESENTED BY SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. PRINCIPAL AND HONORARY WARDEN, MEDICAL COLLEGE HOSTEL, MEDICAL COLLEGE P.O., KOZHIKODE. BY ADV. SRI.T.R.RAVI FOR R2 SRI.P.S.MURALI FOR R2 GOVERNMENT PLEADER, SRI.P.N. SANTHOSH FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 30948 OF 2004 = = = = = = = = = = = = = Dated this the 3rd day of June, 2008. J U D G M E N T The petitioner is a Union representing the employees of the students hostel of the Medical College, Kozhikode. They are aggrieved by Ext.P3 order of the Government, whereby the Government directed the Principal and Warden of the hostel of the Medical Colleges to see that the wages payable to the employees of the hostels are realised from the students and to see that the mess committee pays to the workers, their wages at the end of every month. They also seek a direction to the 2nd respondent to disburse wages due to the employees represented by the petitioner from May, 2004 onwards. The grievance of the petitioner in respect of Ext.P3 appears to be that by directing the mess committee to pay the workers their wages at the end of every month, the Government has accepted that the Principal and warden of the hostels are not employers of the employees of the hostel, which according to them is against Ext.P5 award as also Ext.P1 judgment of the Division Bench of this Court. They also refers to Ext.P6 settlement as also Ext.P7 circular issued by Director of Collegiate W.P.(C).No. 30948 OF 2004 2 Education which according to them would also go to show that the head of the institution is the person liable to pay the minimum wages to the hostel employees. 2. In answer to the above contentions, the respondent would rely on a decision of a Division Bench of this Court in W.A.No.20/04, wherein this Court held that the Principal could not have been designated as a person who was the employer in respect of the employees who had been engaged in the hostel. 3. I have considered the rival contentions in detail. 4. Of course, in Ext.P1, a Division Bench decision of this Court had made an observation to the following effect that, “12. However, we make it clear that we are not deciding the status of these employees represented by respondents 1 to 18 as members of Government service or not. Nevertheless, we feel that since their working in a Government hostel controlled and administered by the petitioner who in turn gets his authority from the Government and being in 'scheduled employment' respondents 1 to 18 are entitled to minimum wages as fixed by the notification as aforesaid and the said minimum wages has to be paid by the person in charge of the hostel, i.e., the petitioner herein”. At the same time, as per the judgment in W.A.NO.20/04, the principal cannot be termed as the employer of employees of the hostel. Prima facie, there appears to be a conflict between the two W.P.(C).No. 30948 OF 2004 3 judgments although one judgment is with reference to the Minimum Wages Act and the other with reference to the Industrial Disputes Act. But I am of opinion that I am not called upon to resolve that matter in this writ petition, in so far as the petitioner is only challenging Ext.P3. Ext.P3 is only an order passed by the Government issuing instructions to the Principal and wardens of hostels attached to Colleges to see that provisions of certain Acts have to be complied with in a particular manner. The petitioners cannot be held to be aggrieved by the same, in so far as the same are in the nature of instructions to the Principal and Wardens of the hostel and therefore I do not think that the petitioner can challenge the same. If the petitioner has got a case that the employees of the hostels are entitled to minimum wages, it is up to them to raise all their contentions before the appropriate authority under the Minimum Wages Act and obtain orders in that regard. With the above observations the writ petition is disposed of. S.SIRI JAGAN, JUDGE bkn/-