The Kerala High Court observed that a person engaged as house keeping staff at a private hospital is entitled for pay fixed as per the Government notification and if the same is not paid, it will be a violation of the principles of “equal pay for equal work”.

A Writ Petition was considered regarding the payment of minimum wages to the employees of a private hospital engaged through a facility management company.

A Bench of Justice Viju Abraham observed, “I also find considerable force in the argument of the learned Government Pleader that a person engaged as house keeping staff is entitled for pay fixed as per Ext.P4 and if the same not paid, will be a violation of the principles of ‘equal pay for equal work’.”

Advocate Naveen T. represented the Petitioners, while Advocate Ashok M. Cherian represented the Respondents.

Case Brief

The Petitioner no. 1, a private hospital executed an agreement with Petitioner No. 2, a facility management company to provide cleaning/sweeping staff to the hospital.

The hospital was paying the House Keeping staff daily wages as per the notification of the Government. However, minimum wage notification was issued in respect of private hospitals, wherein the “house keeper” category comes under Group 6 and are entitled to the scale of pay of Rs.8,100-165-8,925- 180-9,825.

Without considering any of the contentions raised by the hospital and the facility management company, Deputy Labour Commissioner directed them to pay an amount of Rs.7,31,679/- being the arrears and an amount of Rs.7,31,679/- as compensation to the 34 employees.

The Respondents contended that as per the Section 27 of the Minimum Wages Act,1948, the appropriate Government by notification in the Official Gazette should fix the minimum rate of wages for any employment. Thus, as per the notification of the Government issued specifically for persons employed in private hospitals, the State fixed the minimum wages for the employees working as a “house keeper”, which was not paid to the housekeeping staff of the hospital.

The hospital also contended that the staff providing cleaning services at the Hospital was that of the facility management company, therefore, the hospital cannot be made liable to pay the same.

Court’s Analysis

The Court referred to Section 2(e) of the Act, 1948 wherein word 'employer' is defined and observed that employer means any person who employs, whether directly or through another person, or whether on behalf of himself or any other person, one or more employees in any scheduled employment.

Further, the Court opined that if a person engaged as house keeping staff is entitled for pay fixed by the Government Notification in regard to the Private Hospitals, and if the same is not paid, it will be a violation of the principles of “equal pay for equal work”.

Cause Title: Korambayil Hospital & Diagnostics Centre (P) Ltd & Ors V. State Of Kerala (Neutral Citation:2025:Ker:46798)

Appearance:

Petitioners: Advocates Naveen.T, Chithra Chandrasekharan, V.S.Abhishek, Biji A Manikoth, Shibu Joseph Kottayil

Respondents: Asok M.Cherian (Addl. Advocate General) and Advocate Sabeena P. Ismail

Click here to read/download Judgement

Kerala High CourtJustice Viju Abraham

Pridhi Chopra

    Pridhi Chopra was earlier practicing as an Advocate in Delhi. She pursued B.A. (H) English from Gargi College, University of Delhi, and subsequently pursued a degree in Law.