Xavier K.V vs. State Of Kerala
Held
The Court directed the State of Kerala to issue instructions or appropriate orders clarifying the applicability of the government order revising daily wages (Ext.P11) to the security staff engaged by the Society through the Corporation, within three months. As an interim measure, the Society was directed to pay daily wages at ₹500/- plus 5% service charges and GST as applicable, from 10.03.2020, until the State's final decision.
Facts
Ex-servicemen and the Kerala Ex-servicemen Welfare and Rehabilitation Corporation filed petitions seeking directions for a Medical College Hospital Development Society to employ security guards through the Corporation at government-revised daily wage rates. The Society refused to pay the enhanced rates, offering a lower consolidated amount, despite government orders revising wages for daily-rated employees.
Key Issues
The key legal issues were the applicability of government orders revising daily wages for security guards to ex-servicemen deployed through the Corporation to a Medical College Hospital Development Society, and the Society's obligation to engage such personnel at those rates, including GST.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942 WP(C).No.33329 OF 2018(M) PETITIONERS: 1 XAVIER K.V., AGED 55 YEARS, S/O.VARKEY, KARIKULAM PUTHENPURAYIL, KEEZHOOR P.O, THALAYOLAPARAMBU VIA, KOTTAYAM - 686 605 2 SHAJI MON K.N., AGED 52 YEARS, S/O. K.R. NARAYANAN NAIR, REVATHY VILASAM, PERUMTHURUTHU P.O., KALLARA, KOTTAYAM - 686 611. 3 RAVEENDRAN R., AGED 48 YEARS, S/O. RAMAKRISHNAN ACHARY, RAREERAM, PALLICKAL NADUVILEMURI P.O., KAYAMKULAM. BY ADV. SRI.GENS GEORGE ELAVINAMANNIL RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001 2 SUPERINTENDENT, KOTTAYAM MEDICAL COLLEGE, GANDHI NAGAR, KOTTAYAM - 686 008. 3 KOTTAYAM MEDICAL COLLEGE HOSPITAL DEVELOPMENT SOCIETY, REPRESENTED BY ITS SECRETARY/ SUPERINTENDENT, GANDHI NAGAR, KOTTAYAM - 686 008. WP(C)Nos.33329/2018 & 15749/2019 2 4 KERALA EX-SERVICEMEN WELFARE AND REHABILITATION CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, KEXCON, OPPOSITE AMRITHA HOTEL, THYCAUD, THIRUVANANTHAPURAM - 695 001. BY GOVERNMENT PLEADER SMT. R
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