IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 34034 of 2009(Y) --------------------------------------- PETITIONER(S): ----------------------- TRIVANDRUM DISTRICT PETROLEUM TRADERS ASSOCIATION, REPRESENTED BY ITS SECRETARY, ABRAHAM CHALY, M/S.K.I.GEORGE, BPC DEALER, T.C.3/1897, PATTOM P.O., THIRUVANANTHAPURAM. BY ADV. MR.BIJU BALAKRISHNAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE MINIMUM WAGES ADVISORY BOARD, OFFICE OF THE MINIMUM WAGES ADVISORY BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER MR.MOHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 34034/2009-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(MS)NO.100/2009 LABOUR, DATED 23/07/2009 OF THE LABOUR AND REHABILITATION (E) DEPARTMENT, GOVERNMENT OF KERALA (SR.O.NO.643/2009. EXT.P2: COPY OF THE S.R.O. NO.644/97. EXT.P3: COPY OF THE ORDER DATED 02/11/2009 ISSUED BY THE ASSISTANT LABOUR OFFICER, THIRUVANANTHAPURAM, AGAINST M/S.SREEDHARA PANICKER PRABHAKARAN, INDIAN OIL DEALERS, KARAMANA, THIRUVANANTHAPURAM. EXT.P4: COPY OF THE REPRESENTATION SUBMITTED ON DATED 11/11/2009 BEFORE THE 1ST RESPONDENT. EXT.P5: COPY OF THE REPRESENTATION SUBMITTED ON 11/11/2009 BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION SUBMITTED ON 23/11/2009 BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P7: COPY OF THE ORDER DATED 06/11/2009 IN WP(C) NO. 31371/2009. EXT.P8: COPY OF THE WORK SHEET FOR 150 KL 60% PUMPS IN KERALA. EXT.P7 IN IA.1349/2010: COPY OF THE REPRESENTATION DATED 07/12/2009 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P8 IN IA.1349/2010: COPY OF THE REPRESENTATION DATED 07/12/2009 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P9 IN IA.1349/2010: COPY OF THE REPRESENTATION DATED 07/12/2009 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. K.SURENDRA MOHAN, J ........................................... WP(C).NO.34034 OF 2009 ............................................ DATED THIS THE 3rd DAY OF FEBRUARY, 2010 JUDGMENT This writ petition is filed by the petitioner seeking to quash Ext.P1 in so far as it seeks to revise the basic wages of the employees working under the members of the petitioner, Association who are all dealers in petroleum products or persons who are conducting petrol pumps. They have also sought a declaration that the fixation of minimum wages as per Ext.P1 at equal rates for all petrol pumps in Kerala irrespective of the sales as illegal. The petitioner has also sought for a direction to treat the employment in petrol pumps as a separate category and to follow the procedure prescribed under Section 5 of the Minimum Wages Act, 1948 for fixation of wages of the employees working under the membership of the petitioner and to delink the said category of employees from the category of employees under the Shops and Establishments. The petitioner has also sought for a direction to conduct a study into the relevant aspects and to submit a report. Wpc 34034/2009 2 2. The petitioner has filed I.A.1349 of 2010 producing copies of representations submitted to the respondents setting out their grievances in detail. Ext.P7 is pending before the first respondent who is the authority that is empowered to give redressal of the grievance of the petitioner. In view of the fact that Ext.P7 is pending before the first respondent, it is only appropriate that the entire matter is considered by the first respondent in the first instance. 3. In view of the above, this writ petition is disposed of directing the first respondent to consider Ext.P7 representation of the petitioner in accordance with law, as expeditiously as possible, and at any rate, within a period of two months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment before the first respondent for compliance. The first respondent shall also grant an opportunity of being heard to the petitioner before final decision is taken in the matter. K.SURENDRA MOHAN, JUDGE lgk