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Supreme Court of India 2017-11-09 dismissed

Kerala Private Hospital Association vs State of Kerala & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

The Supreme Court upheld the constitution of a Committee formed by Kerala to revise minimum wages for private hospital employees. The Committee included employee-representatives of hospitals (such as HR heads) nominated to represent employers' interests. Hospital owners challenged this, arguing only actual employers should represent the employer side. The Court held that Section 9 of the Minimum Wages Act does not require the employer in person; a knowledgeable employee with nexus to the employment can represent the employer, especially when nominated by the government and not objected to by the actual employer. The Committee's composition with equal employer-employee representation was valid and supported by precedent.

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Labour Law Minimum Wages Administrative Law Statutory Committees Constitutional Representation

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