Kerala HC disposes of plea against extension of bar hotel timings

Kochi: High court has disposed of a PIL filed by the All Kerala Bar Hotels and Restaurant Employees Association (CITU), challenging the state govt's order extending the operating hours of bars across the state, in light of the decisions taken at a joint meeting of all stakeholders.The bench of Chief Justice Soumen Sen and Justice V M Syam Kumar noted that the joint meeting convened on March 3 had decided to consider a two-shift system with flexi-time — 8am to 10pm and 10am to 12am — for bar employees, along with extending benefits under the Labour Act and the Minimum Wages Act, including the grant of overtime allowance. The minutes of the meeting also recommended extending the operational hours of Bevco outlets from 8am to 9pm to prevent the sale of second-grade liquor.It was further submitted that labour department special secretary had directed the labour commissioner to implement the decision regarding overtime allowance. The direction specifically mandates ensuring compliance with the Minimum Wages Act and other relevant labour statutes, with particular emphasis on 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, HC observed that there was no reason to keep the PIL pending and accordingly disposed of the same.The principal allegation of the petitioners was that the state govt had unilaterally amended the Kerala Foreign Liquor Rules, 1953, thereby increasing the working hours of bars and hotels from 10am to 12am, 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 and thereby violating Articles 38 and 47 of the Constitution of India. The petition further alleged that workers in the industry were not being paid minimum wages.