Kerala High Court Disposes PIL on Bar Hours Extension Following Stakeholder Consensus
The Kerala High Court has disposed of a Public Interest Litigation (PIL) filed by the All Kerala Bar Hotels and Restaurant Employees Association (CITU), which challenged the state government's order to extend the operating hours of bars across Kerala. The decision came after the court reviewed the outcomes of a joint meeting involving all stakeholders.
Court's Observations and Stakeholder Decisions
A bench comprising Chief Justice Soumen Sen and Justice V M Syam Kumar noted that a joint meeting convened on March 3 had reached significant agreements. The meeting decided to consider implementing a two-shift system with flexible timing options for bar employees: one shift from 8 AM to 10 PM and another from 10 AM to 12 AM. Additionally, it was resolved to extend benefits under the Labour Act and the Minimum Wages Act, including the provision of overtime allowance.
The minutes of the meeting also recommended extending the operational hours of Bevco outlets from 8 AM to 9 PM, aiming to prevent the sale of second-grade liquor and ensure better regulation.
Labor Department Directives and Court's Satisfaction
It was further submitted to the court that the special secretary of the labor department had directed the labor commissioner to implement the decision regarding overtime allowance. This directive specifically mandates compliance with the Minimum Wages Act and other relevant labor statutes, with a particular emphasis on ensuring payment of overtime wages for work exceeding eight hours per day for employees in bar hotels.
Expressing satisfaction with the decisions taken at the joint meeting, the High Court observed that there was no reason to keep the PIL pending. Consequently, the court disposed of the petition, acknowledging the progress made in addressing the concerns raised.
Petitioners' Allegations and Constitutional Concerns
The principal allegation of the petitioners was that the state government had unilaterally amended the Kerala Foreign Liquor Rules, 1953, thereby increasing the working hours of bars and hotels from 10 AM to 12 AM. They argued that this was done without conducting any study on the social impact and without hearing the workers represented by the petitioner union.
It was also contended that employees in the industry were required to work for more than 14 hours a day, adversely affecting their health. This, according to the petition, violated Articles 38 and 47 of the Constitution of India, which pertain to the state's duty to promote welfare and improve public health. The petition further alleged that workers in the industry were not being paid minimum wages, highlighting ongoing labor rights issues.
The court's disposal of the PIL marks a step forward in resolving these disputes through stakeholder dialogue and regulatory compliance, rather than prolonged legal battles.
