IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 OP.No. 22998 of 2002(K) ----------------------- PETITIONER: ------------ KERALA STATE INDUSTRIAL ENTERPRISES LIMITED, ST. JOSEPH'S PRESS BUILDINGS, COTTON HILL, THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS GENERAL MANAGER (HR) IN-CHARGE, MR. K. RADHAKRISHNAN NAIR. BY ADV. SRI.ANTONY DOMINIC SRI.E.K.NANDAKUMAR RESPONDENTS: ------------- 1. THE DISTRICT LABOUR OFFICER, (ENFORCEMENT), MALAPPURAM. 2. THE LABOUR COMMISSIONER, OFFICE OF THE LABOUR COMMISSIONER, THIRUVANANTHAPURAM. 3. THE NATIONAL HUMAN RIGHTS COMMISSION, SARDAR PATEL BHAVAN, SANSAD MARG, NEW DELHI-110 001. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 2.4.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.22998/02. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE LETTER DTD.24.8.00 BY R2. P2. COPY OF THE LETTER DTD.2.9.2000 FROM R2. P3. COPY OF THE LETTER DTD.16.7.02 FROM THE ASST.LABOUR OFFICER, KONDOTTY. P3A. COPY OF THE PROCEEDINGS DTD.3.4.02 OF R2. P4. COPY OF THE LETTER DTD.JULY 23, 02 TO ASST.LABOUR OFFICER, KONDOTTY. P5. COPY OF THE ODER DTD.30.7.02 FROM R1. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No.22998 of 2002 ================== Dated this the 2nd day of April, 2008 J U D G M E N T The petitioner is the Kerala State Industrial Enterprises Ltd., Trivandrum, a Government of Kerala undertaking. They have been entrusted with running of the Calicut Air Cargo Complex attached to the Karipur Airport. For some time, they engaged the services of M/s.Secure Well Private Limited, an agency for supplying security guards for ensuring security of the Calicut Air Cargo Complex. Subsequently, the services of the contractor were dispensed with and the petitioner started engaging police personnel for the purpose. On the basis of an anonymous complaint the National Human Rights Commission directed the State of Kerala to ascertain whether the contract workers engaged in the Calicut Air Cargo Complex were being paid minimum wages. Apparently based on some reports received, by Exts.P3 proceedings the National Human Rights Commission found that the workers were paid wages at the rate of Rs.33/- per day which is less than the minimum wages and directed the 2 Government of Kerala to take appropriate steps in the matter. Pursuant thereto, by Ext.P5, the District Labour Officer (Enforcement), Malappuram, directed the petitioner to pay minimum wages to the contract employees as stated in Ext.P5. The petitioner is challenging Exts.P3(a) and P5 in this original petition. 2. The learned Government Pleader with the help of the counter affidavit submits that it was pursuant to the directions issued by the National Human Rights Commission and on the basis of the reports of the Human Rights Commission that the first respondent has come to the conclusion that the contract workers were being paid only Rs.33 per day as wages and Ext.P5 order has been passed. The learned Government Pleader, therefore, supports the impugned orders. 3. I have considered the rival contentions in detail. 4. From Ext.P3(a) proceedings of the National Human Rights Commission, it is very clear that the same has been initiated on the basis of anonymous complaint, which complaint was also based only on a newspaper report. Although in Ext.P3(a) it is stated that it was found during enquiry that the workers were 3 paid Rs.33/- per day after deducting service charge and income tax from the amount received by the contractor from the petitioner, it is not known as to on what basis the Human Rights Commission has come to this conclusion. The Human Rights Commission has not issued any notice either to the contractor or the petitioner herein. It is based on Ext.P3(a) only that Ext.P5 direction has been issued by the DLO to the petitioner and before passing that also, the petitioner has not been given any notice or hearing or a chance to disprove the finding that the petitioner has not paid minimum wages to the contract employees. Therefore, both on the question of violation of principles of natural justice as also on merits, Exts.P3(a) and P5 are liable to be quashed. I do so. The original petition is allowed as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 4 S.SIRI JAGAN, J. =============== O.P.No.22998 of 2002-K =============== J U D G M E N T 2nd April, 2008