JUDGMENT : 1. The Kerala State Beverages (Manufacturing and Marketing) Corporation Limited (hereinafter referred to as the 'Corporation') has filed this writ petition challenging Ext.P4 order passed by the 1 st respondent, the Deputy Labour Commissioner, the authority under the Minimum Wages Act, 1948 (‘the Act’ for short) directing the petitioner to pay the difference in the wages actually paid and wages payable under the Act along with compensation to the additional 3 rd respondent, a cleaning sta FL-1 shop of the Corporation. 2. The Assistant Labour Officer, 2nd respondent Inspector notified under section 19 of the Act preferred a claim under section 20 before the 1 st respondent claiming that the additional 3 rd respondent was not paid minimum wages for the period from November 2014 to April 2015 and that he is entitled to an amount of Rs.20,880/- as arrears of minimum wages. As per the claim petition, the 3 rd respondent had worked for more than 4 hours in a day during the said period and is entitled for minimum wages. In support of the claim, the 2 nd respondent produced the inspection report and claim statement. 3. The Corporation filed a written statement stating that there is no sanctioned post of Part time sweeper in FL-1 shops under the Corporation and the requirement of sweeper comes only on occasional basis and such requirements would be met by shop-in- charge by engaging persons who are available in the locality. It is contended that there is no employer-employee relationship between the Corporation and the 3 rd respondent, and that different individuals are engaged at various times to carry out cleaning work in the FL-1 shops. Therefore, no registers, records, or posting orders are maintained in the FL-1 shops with respect to the cleaning staff engaged by the shop-in-charge, as per the requirements. It is also stated that, as per the orders issued by the Corporation, a maximum of one hour of cleaning work is permitted in FL-1 shops for which workers are paid Rs.40/- in Municipal Corporations and Rs.36/- in Municipalities and Panchayats, respectively. 4. The 1 st respondent, by Ext.P4 order, held that minimum wages shall be paid to the employees even if they are working on contract or temporary basis. 4. The 1 st respondent, by Ext.P4 order, held that minimum wages shall be paid to the employees even if they are working on contract or temporary basis. It was further held that the Employment in FL shops falls under scheduled employment as defined in Section 2(g) and Item No. 21 of the Schedule to the Act. It was also held that the Corporation failed to produce any evidence to show that the 3 rd respondent had worked only upto one hour a day in the FL-1 shop. Accordingly, the 1 st respondent directed the Corporation to pay an amount of Rs.20,640/- being the difference in the wages actually paid and the wages payable under the Act along with Rs.5,160/- as compensation. Since the Corporation failed to pay the amount ordered as per Ext.P4, the 1 st respondent issued Ext.P5 notice informing the petitioner that revenue recovery proceedings would be initiated if the amount specified in Ext.P4 was not paid within seven days. Challenging Exts.P4 and P5, this writ petition is filed. 5. According to the petitioner, there are 278 FL-1 outlets belonging to the Corporation operating in the State. It is contended that, as per Ext.P1 Government Order, which fixes the minimum wages for employees engaged in sweeping and cleaning in the State, Rs.40/- is prescribed as the minimum wage for one hour of sweeping and cleaning work within the limits of Corporations and Municipalities. Likewise, Rs.36/- is fixed as minimum wages for one hour of sweeping and cleaning work in respect of areas other than Corporations and Municipalities. The Board of Directors of the Corporation, by Ext.P2 decided that a maximum of one hour of service may be utilized for cleaning each shop, with wages fixed at Rs.40/- per hour in Municipalities and Corporations, and Rs.36/- per hour in Panchayats. Further, Ext.P3 circular dated 27.09.2014 was issued by the Corporation, stipulating that the duration of cleaning work in FL-1 shops is strictly limited to one hour per day. Based on Exts.P1 to P3, it is contended that the duration of sweeping work in FL-1 shops has been limited to one hour since 27.09.2014, and under no circumstances the cleaning work in an FL-1 shop has exceeded this duration. It is further stated that the minimum wages are fixed for one hour of sweeping work, as per Ext.P1 Government Order, have been paid without fail. It is further stated that the minimum wages are fixed for one hour of sweeping work, as per Ext.P1 Government Order, have been paid without fail. The petitioner contends that Ext.P4 order was passed without due consideration of the relevant facts and the applicable law. 6. The additional 3 rd respondent who was impleaded as per order dated 05-11-2024 has filed a counter affidavit in the writ petition wherein it is stated that he had worked for more than four hours in a day between November 2014 and April 2015 in the FL-1 shop of the Corporation and is therefore entitled for the minimum wages as per the Act and Ext.P1 G.O. It is further stated that the petitioner did not produce Exts.P1 and P3 as evidence before the 1 st respondent. It is stated that the petitioner failed to produce any evidence to establish the actual duration of the sweeping work. Based on the evidence adduced, the 1 st respondent entered a regarding the number of hours the 3 rd respondent had worked per day in the petitioner’s FL-1 shop during the period from November 2014 to April 2015. It is further stated that this Court cannot interfere with the findings of fact arrived at by the 1st respondent. 7. Heard Sri. T. Naveen, the learned counsel for the petitioner, Smt. Tulasi K. Raj, the learned counsel for the 3 rd respondent and the learned Government Pleader. 8. The employment in the FL-1 shops of the Corporation constitutes scheduled employment, as defined under Section 2(g) read with Item No.21 of the Schedule to the Act. As such, the provisions of the Act, including fixation and payment of minimum wages, are applicable. Ext.P1 is the notification issued by the Government of Kerala in exercise of the powers conferred by clause (b) of sub-section (1) of Section 3 of the Act, read with clause (b) of sub-section (1) of Section 5, fixing the minimum rate of wages payable to employees engaged in sweeping and cleaning in the State of Kerala. As per Ext.P1 Government Order, the minimum wage is fixed at Rs.40/- for one hour of sweeping and cleaning work within the limits of Corporations and Municipalities, and Rs.36/- for the same work in areas outside Corporations and Municipalities. As per Ext.P1 Government Order, the minimum wage is fixed at Rs.40/- for one hour of sweeping and cleaning work within the limits of Corporations and Municipalities, and Rs.36/- for the same work in areas outside Corporations and Municipalities. For each additional hour beyond the first (up to a maximum of five hours), the minimum wage is Rs.30/- in Corporations and Municipalities, and Rs.26/- in other areas. The 2 nd respondent, the Inspector appointed under Section 19 of the Act, stated that the 3 rd respondent had worked for four hours per day. The Corporation contends that, as per Ext.P3 circular, the duration of cleaning work in FL-1 shops is limited to one hour per day. However, based on the evidence adduced, the 1 st respondent recorded a number of hours the 3 rd respondent had worked per day in the shop. The 1 st respondent also noted that the petitioner failed to produce any registers, records, or other evidence to establish that the 3 rd respondent had worked only for one hour. 9. It is to be noted that the engagement of the 3 rd respondent by the petitioner in the FL-1 shop is not in dispute. The question as to whether the 3 rd respondent had worked only for one hour or for a longer duration is a question of fact, which cannot be examined by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India. 10. The 1 st respondent, being the fact- authority, has, on the basis of the evidence adduced, found that the 3 rd respondent is entitled to the wage difference along with compensation. I do not find any reason to interfere with the said finding. The object of Minimum Wages Act is to provide for fixing minimum rate of wages to workmen employed in scheduled employment. It is a labour welfare legislation. The provisions of the Act are applicable to the FL shops of the petitioner. 11. The amount ordered to be paid to the 3rd respondent as arrears of minimum wages is Rs.20,640/- along with a compensation of Rs.5,160/-. Usually, a Part time sweeper can ill afford to defend the matter before this Court. The 3 rd respondent, however, has entered appearance before this Court through counsel to defend the case. The writ petition is liable to be dismissed with costs. Usually, a Part time sweeper can ill afford to defend the matter before this Court. The 3 rd respondent, however, has entered appearance before this Court through counsel to defend the case. The writ petition is liable to be dismissed with costs. However, taking a lenient view, this writ petition is dismissed, without costs.