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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

A Kerala Government committee was constituted to revise minimum wages for private hospital employees, with equal numbers of employer and employee representatives. Hospitals challenged the committee's composition, arguing that only owner-employers could represent the employers' interest, not their employees. The Supreme Court upheld the committee's validity, holding that Section 9 of the Minimum Wages Act does not require principals to represent themselves. Competent nominees with substantive nexus to the employment—such as HR managers—can appropriately represent employers in such committees. Minimum wage notifications, being social welfare legislation, should not be interfered with except on substantial grounds.

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Labour Law Minimum Wages Committee Constitution Employer Representation Administrative Law

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