SC Refuses to Stay Kerala Govt’s Notification to Revise Wages of Nurses in Pvt Hospital Sector

The Supreme Court vacation bench of Justice AM Khanwilkar and Justice Navin Sinha on Monday refused to stay a notification dated April 23 issued by the Government of Kerala revising the minimum rates of wages payable to the employees in the private hospital sector, which superseded the existing rates of minimum wages fixed by notification of the year 2013.The bench was hearing the SLP. The Supreme Court vacation bench of Justice AM Khanwilkar and Justice Navin Sinha on Monday refused to stay a notification dated April 23 issued by the Government of Kerala revising the minimum rates of wages payable to the employees in the private hospital sector, which superseded the existing rates of minimum wages fixed by notification of the year 2013. Sub-section of the said Section 5 provides that “In fixing minimum rates of wages in respect of any scheduled employment for the first time under this Act or in revising minimum rates of wages so fixed, the appropriate Government shall either-- Appoint as many committees and sub-committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case maybe, or By notification in the Official Gazette, publish its proposals for the information of persons likely to be affected thereby and specify a date, not less than two months from the date of the notification, on which the proposals will be taken into consideration”. When the bench noted that another writ petition on the subject matter is pending before the single judge of the high court and that an opportunity should be accorded to the judge to hear the same, Singhvi advanced, “I am saying so.please give a direction to decide within two weeks.there is an intention to have the government decide.please let it be heard soon.the notification has not come into force so far and can stay in abeyance for two weeks.” “My Association has 960 hospitals of which 630 have less than 25 beds.these are small people.,” he pleaded.