IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 29TH SEPTEMBER, 2009 / 7TH ASWINA, 1931 WA.No. 2884 of 2007 (the Judgment in W.P(C) No.26921 of 2007 dtd. 13.9.2007) APPELLANTS/PETITIONERS: --------------------------------------- 1. THE SREE NARAYANA SEVA SANGHAM, REGISTER NO.570, MUNAMBAM, PALLIPORT, PIN: 683 515 REPRESENTED BY ITS SECRETARY K.G.KARUNAKARAN. 2. MR.T.C.PRAKASAN, PRESIDENT, THE SREE NARAYANA SEVA SANGHAM, REGISTER NO.570, MUNMBAM. 3. MR.K.G.KARUNAKARAN, SECRETARY, THE SREE NARAYANA SEVA SANGHAM, REGISTER NO.570, MUNAMBAM. 4. V.K.NANDANAN, TREASURER, THE SREE NARAYANA SEVA SANGHAM, REGISTER NO.470, MUNAMBAM. BY ADV. SRI.V.A.PRADEEP KUMAR RESPONDENTS/RESPONDENTS: 1. STATE OF KERALA, REP.BY THE SECRETARY, LABOUR AND REHABILITATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. GIRIJA PREEDHAMAN, W/O.PREEDHAMAN, AGED 47 YEARS, PADINJAREVEETIL, MUNAMBAM, PALLIPORT, ERNAKULAM. R1 BY GOVT. PLEADER SRI.T.ARAVIND KUMAR BABU. R2 BY ADV. SRI.MURALI PURUSHOTHAMAN. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2009, THE COURT ON 29/09/2009 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- W.A.No. 2884 of 2007 --------------------------------------------- Dated this the 29th day of September, 2009 J U D G M E N T Mohanan,J: This writ appeal is directed against the judgment dated 13.9.2007 in W.P(C) No.26921 of 2007 by which the learned single Judge declined to interfere with the findings arrived on by the Labour Court as per Ext.P1 award. 2. We have heard learned counsel appearing for the appellants, the counsel appearing for the second respondent as well as the learned Government Pleader. 3. Ext.P1 award arose out of C.P.No.76 of 1999 filed by the second respondent herein before the Labour Court claiming minimum wages for the period she worked in the first appellant-establishment, the Sree Narayana Seva W.A. NO.2884 OF 2007 :-2-: Sangham. The Labour Court, by the impugned award, directed the appellants to pay a sum of Rs.74,106/- as arrears of minimum wages to the claimant, the second respondent herein. 4. The main contention raised by the appellants before the learned Single Judge as well as before us is that the claimant was not an employee of the first appellant- establishment, but she had worked only as a commission agent. The learned single Judge had found that the decision of the Labour Court was on the basis of evidence and materials on record and the claimant was an employee of the first appellant. Under the above circumstances, the learned single Judge refused to exercise his jurisdiction under Article 226 of the Constitution of India, as there is no perversity in the finding of the Labour Court. W.A. NO.2884 OF 2007 :-3-: Under the above circumstances, we are of the opinion that there is no merit in the writ appeal so as to interfere with the judgment of the learned single Judge. The writ appeal is dismissed accordingly. The interlocutory application for stay (I.A.No. 561/2008) does not survive and is closed. I.A.No.343/2008 is also closed. C.N.Ramachandran Nair, Judge. V.K.Mohanan, Judge. MBS/ W.A. NO.2884 OF 2007 :-4-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------------- I.T.A.NO. OF 200 -------------------------------------- ------ W.A. NO.2884 OF 2007 :-5-: J U D G M E N T DATED: -9-2009 W.A. NO.2884 OF 2007 :-6-: