Private Hospitals Must Pay Minimum Wages To Housekeeping Staff : Kerala High Court
Pvt Hospital's Housekeeping Staff Can't Be Treated As Mere Cleaners: Karnataka High Court Upholds;
The Kerala High Court has dismissed a plea filed by Korambayil Hospital & Diagnostics Centre and its facility management contractor, upholding the Deputy Labour Commissioner's direction to pay wages under the Minimum Wages Act to housekeeping staff engaged in the hospital.
Justice Viju Abraham noted that although the petitioners claimed they were paying the notified minimum wage for sweeping and cleaning under a general notification, the agreement between the hospital and the contractor established that the services provided were comprehensive housekeeping, which attracted a higher wage scale notified for private hospitals.
The case arose when the Assistant Labour Officer inspected the hospital premises and initiated proceedings under the Minimum Wages Act, 1948, leading to an order directing the hospital and the contractor to pay over ₹7.31 lakh as arrears and an equal amount as compensation to 34 employees who worked from October 2015 to March 2016.
The petitioners argued that since the workers were cleaners, only the general notification for sweeping and cleaning (Rs. 150 per day in municipal areas) applied, and they had complied with it. However, the Court found that the agreement itself specified that the contractor would provide full housekeeping services, including maintaining hygiene and neatness in the entire hospital, with trained staff, including for sensitive areas like operation theatres and ICUs.
The Court upheld the Deputy Labour Commissioner's conclusion that the staff were doing work equivalent to that of housekeeping staff and were entitled to the higher minimum wage as notified for private hospitals.
The court observed that “a person engaged as housekeeping 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”.”
The court relied on State of Punjab and ors v. Jagjit Singh and Ors (2017) 1 SCC 148, in which it was held that,
“it is fallacious to determine artificial parameters to deny fruits of labour. An employee engaged for the same work cannot be paid less than another who performs the same duties and responsibilities. Certainly not, in a welfare State. Such an action besides being demeaning, strikes at the very foundation of human dignity.”
Holding that there was no reason to interfere with the Labour Officer's order, the Court dismissed the writ petition. It also clarified that any amount already deposited by the petitioners shall be credited towards the arrears.
Case title: Korambayil Hospital & Diagnostics Centre (P) Ltd.& Anr V. State Of Kerala And Ors
Case No. WP(C) NO. 34023 OF 2022
Counsel for the petitioner: Advocates Sri.Naveen.T, Kum.Chithra Chandrasekharan , Sri.V.S.Abhishek, Shri.Biji A Manikoth, Shri.Shibu Joseph Kottayil
Counsel for the Respondent: Advs. Government Pleader Asok M.Cherian, Addl. Advocate General. Smt.Sabeena P.Ismail