IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 23615 of 2006(J) -------------------------- PETITIONER(S): --------------- M/S. HEMAMBIKA HIRE PURCHASE & LEASING PVT. LTD. 31/361, ENNAKKOTTIL STREET, BIG BAZAAR, PALAKKAD, REP. BY ITS CHAIRMAN SRI. ACHUTH BHASKAR. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. THE AUTHORITY UNDER THE MINIMUM WAGES ACT, 1948 (THE DEPUTY LABOUR COMMISSIONER), THRISSUR. 2. THE ASSISTANT LABOUR OFFICER, 1ST CIRCLE, PALAKKAD. 3. G.KRISHNAKUMAR, S/O. GOPALAKRISHNAN NAIR, KOTTAPPADI, KODUVAYUR, PALAKKAD DISTRICT. 4. C.SATHEESAN, S/O. T.GANGADHARAN NAIR, KUNNAPPALLIL VEEDU, PULLAMKUNNAM, MALAMPUZHA, PALAKKAD DISTRICT. 5. SUMATHI R., D/O. KAMALAM, PANTHAKKAL HOUSE, THENKURUSSI P.O., PALAKKAD DISTRICT. 6. K.UNNIKRISHNAN, S/O. K.KUTTAN, 29/233, MEENAKSHI NILAYAM, TEMPLE STREET, KANNAKI NAGAR, PALAKKAD DISTRICT. 7. T.SARADA, W/O. C.NARAYANADAS, SOUPARNIKA, KOZHIPARAMBU, VADAKKANTHARA P.O., PALAKKAD DISTRICT. BY G.P.SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23615 of 2006(J) -------------------------- PETITIONER'S EXTS: EXT.P1:- COPY OF COUNTER STATEMENT FILED BY THE PETITIONER IN MWA NO.22/98 EXT.P2:- COPY OF STATEMENT DATD.16.12.03 ISSUED BY SRI.G.KRISHNAKUMAR(R3) EXT.P3:- COPY OF STATEMENT DTD.7.7.03 ISSUED BY R4. EXT.P4:- COPY OF AWARD DTD.10.4.01 PASSED BY THE INDUSTRIAL TRIBUNAL, PALAKKAD EXT.P5:- COPY OF STATEMENT DTD.7.8.06 SIGNED BY SRI.K.UNNIKRISHNAN (R6) AND SMT. T.SARADA (R7) EXT.P6:- COPY OF ORDER DTD.5.5.06 OF R1. RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.23615 OF 2006 --------------------------------------- Dated this the 23rd day of November, 2010 JUDGMENT The petitioner is the employer in a Minimum Wage Application before the first respondent. In that Minimum Wage Application, the first respondent passed Ext.P6 order, whereby the arrears of minimum wages were directed to be paid along with ten times the said amount as compensation. The petitioner is challenging that part of the order, whereby the compensation is directed to be paid. The petitioner submits that all the employees have received their arrears of minimum wages and they have no complaint in respect of the same. Notices have been issued to the individual employees, who have accepted the notice, but, have not chosen to enter appearance and contest the matter. In the above circumstances, this writ petition is disposed of quashing that part of Ext.P6 order, whereby compensation has been directed to be paid by the petitioner. S. SIRI JAGAN, JUDGE acd