In a significant pro-labor verdict, the Kerala High Court in WP(C).No.34023 of 2022 ruled that hospital cleaning staff hired through contract agencies are entitled to wages as per hospital-specific housekeeping standards, not the lower minimum wages for general cleaners. This judgment was pronounced by Justice Viju Abraham on June 16, 2025.
The Case in Brief
The Petitioner Hospital had hired a facility management company to supply cleaning staff. The hospital argued that these workers were only “cleaners” and therefore entitled to a lower wage under a general notification.
However, the Labour Department found the duties performed matched those of “housekeepers” under a separate wage notification for private hospitals—which offers a significantly higher pay scale. The authorities ordered arrears and compensation of over ₹14.6 lakhs to 34 employees. The Petitioner Hospital pleaded against the order of the Labour Department.
The Court’s Ruling
The court dismissed the hospital’s plea, holding that:
- The actual duties—including cleaning ICUs, operation theatres, and maintaining hospital hygiene—matched the definition of housekeeping, not generic sweeping.
- The contractual agreement itself described the services as “housekeeping” and mandated trained, courteous staff.
- The hospital cannot escape liability by claiming the workers were employed by a contractor. Under Section 2(e) of the Minimum Wages Act, even indirect employment makes them responsible.
- Denial of appropriate wages violates the constitutional principle of “equal pay for equal work”
- Review of such an order is not permissible under the Act.
Key Takeaways
- Labeling workers as “cleaners” doesn’t override their actual job function.
- Hospitals must pay contract workers according to hospital-specific wage structures if their work aligns with that category.
- Contractual outsourcing does not absolve the principal employer of wage obligations.
- The judgment reinforces worker dignity and prevents wage suppression under the guise of classification.