U. UNICHOYI AND OTHERS versus THE STATE OF KERALA

U. UNICHOYI AND OTHERS versus THE STATE OF KERALA

The constitutional validity of the Minimum Wages Act, 1948 is established; fixing minimum wages is independent of employer's capacity to pay, and notification issued under the Act was not ultra vires as it fixed minimum and not fair wages; hardship to employer and industry incapacity are irrelevant considerations; Act is not arbitrary or discriminatory in violation of Article 19(1)(g); challenge fails.

Parties
Petitioners: U. Unichoyi and others; Respondent: State of Kerala
Jurisdiction
India
Judgment Date
14 April 1961
Procedural Posture
Original Petition Under Article 32 of Constitution of India / Supreme Court Decision
Outcome
Petition dismissed
Legal Topics
Minimum Wages, Ultra Vires, Fundamental Rights, Capacity of Employer to Pay, Notification Validity
Labour Law Constitutional Law Minimum Wages Ultra Vires Fundamental Rights Capacity of Employer to Pay Notification Validity

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Parties

U. Unichoyi and others

Petitioners

State of Kerala

Respondent

Procedural Posture

Original Petition Under Article 32 of Constitution of India / Supreme Court Decision

Legal Issues

  1. 1 Constitutional validity of the Minimum Wages Act, 1948
  2. 2 Validity of Kerala Government notification fixing minimum wages in tile industry
  3. 3 Whether employer's capacity to pay is a relevant consideration in fixing minimum wages

Ratio Decidendi

The constitutional validity of the Minimum Wages Act, 1948 is established; fixing minimum wages is independent of employer's capacity to pay, and notification issued under the Act was not ultra vires as it fixed minimum and not fair wages; hardship to employer and industry incapacity are irrelevant considerations; Act is not arbitrary or discriminatory in violation of Article 19(1)(g); challenge fails.

Court Disposition

Petition dismissed

Orders

  • No order as to costs