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Kerala Non Banking Finance Companies ... vs State Of Kerala on 14 November, 2019 cites

Chandra Bhavan Boarding And Lodging, ... vs The State Of Mysore And Anr on 29 September, 1969

10. Sri.S. Krishnamoorthy appearing for the employees would submit that the question of financial capacity is no longer relevant going by the decision of the Hon'ble Supreme Court in Chandra Bhawan Boarding and Lodging, Bangalore v. State of Mysore and Another [AIR 1970 SC 2042]. The said decision also lays at naught the argument of the petitioner that the Committee constituted does not have the representatives of the financial sector, especially on the point of the option provided to the Government to WP(C) No.26803 of 2017 (A) 13 either proceed under Clause (a) and (b) of Section 5(1).
Supreme Court of India Cites 31 - Cited by 97 - K S Hegde - Full Document

Malayalam Plantations Limited And Ors. vs State Of Kerala And Ors. on 5 September, 1974

Reliance is also placed on the Full Bench decision of this Court reported in Malayalam Plantations Ltd. & Others v. State of Kerala & Others [1975 KLT 296], to argue that the capacity to pay of individual employers is not a relevant factor to be considered in prescribing Minimum Wages. The learned Counsel would contend that the various additional components provided in Ext.P3 notification are also incidence of service and could be validly provided under the M.W. Act. It is pointed out that without service weightage, on implementation of the minimum wages, a person having five years' experience in the organization and one who joins after the implementation would be entitled to only the very same pay. For effective implementation of the notification there should be service weightage; which otherwise will be denied to the employees. Specfic reference is WP(C) No.26803 of 2017 (A) 14 made to the English version of the notification which according to him has more clarity. It is contented that the weightage provided is a one time measure to those employees continuing in the organisation confined to five years for all who have not less than five years of service. If at least that is not permitted every employee will start at the lowest of the scale.
Kerala High Court Cites 34 - Cited by 11 - V Khalid - Full Document

Bidi, Bidi Leaves And Tobacco ... vs The State Of Bombay on 15 November, 1961

24. The above finding on service weightage has to be tested on the anvil of the decisions of the Apex Court, now placed before us, which obviously was not considered in Kerala Rubber Footware Manufacturers and Export Association. We have already looked at Bidi, Bidi Leaves and Tobacco Merchants Association WP(C) No.26803 of 2017 (A) 33 [supra]. In Hindustan Sanitaryware and Industries Ltd. which followed the Constitution Bench decision cited above, the question inter alia was as to categorisation of unskilled employees as semi-skilled and skilled with grading of 'A' and 'B' on their acquiring experience of a certain number of years; which is akin to service weightage. The employer therein challenged the said categorisation on the ground that under the M.W. Act the Government does not have the power to alter the conditions of service, contract or settlement between the employer and the employee. The definition of wages, employer and employee were specifically noticed by the Hon'ble Supreme Court and the Constitution Bench decision was copiously quoted from, which we have also extracted above. The argument of the Government of Haryana was that the prescription that a workman would be raised from semi-skilled 'B' category to semi-skilled 'A' WP(C) No.26803 of 2017 (A) 34 category and then to the skilled category on completion of specific years of experience. This is to ensure that the workmen are not exploited by the employees. This was also on the recommendation of the expert body constituted to protect the interest of the workmen. The Hon'ble Supreme Court held "the grievances of the workmen can be redressed by fora constituted under the Industrial Disputes Act, 1947, if the Government does not have the competence to deal with certain issues in the notification under the Act [sic paragraph-12].
Bombay High Court Cites 23 - Cited by 19 - Full Document
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