LABOUR LAW PROJECT TOPIC – MINIMUM WAGES ACTCONSTITUTIONAL VALIDITY AND NEW ASPECT
1.) The minimum wages act up hails the ARTICLE ARTICLE 43 of the Indian constitution, which states that, Living wage, e!, "#$ w#$%e$& The !tate shall endea"o# to secu#e, $% suita$le legislation o# economic o#gani&ation o# in an% othe# wa%, to all wo#'e#s, ag#icultu#al, indust#ial o# othe#wise, wo#', a li"ing wage, conditions of wo#' ensu#ing a decent standa#d of life and full en(o%ment of leisu#e and social and cultu#al oppo#tunities and, in pa#ticula#, the !tate shall endea"o# to p#omote cottage indust#ies on an indi"idual o# coope#ati"e $asis in #u#al a#eas
The spi#it of the minimum wages act of India is #elied #elied in the soul on of the a#ticle 43 1 of Indian constitution, which !A*L+ !A*L+ is ensh#ined in pa#t I of the constitution and hence is non-enfo#cea$le $% law. law. .) Anothe# constitutional p#o"ision p#o"ision that the minimum wages act is said to def% is the ARTICLE 1/01g) which sa%s that
'T# ($a!i!e an) ($#"e&&i#n #$ # !a$$) #n an) #!!*(ai#n, $a+e #$ *&ine&&e&
It is uestioned $% ce#tain (u#ists that the p#o"isions of the minimum wages act that as' fo# p#o"iding a 2ed minimum wage $% the emplo%e#s to the la$ou#s is a AR to thei# fundamental #ight gua#anteed unde# 1/01g).
of Constitution Constitution of India India deals with the topic topic of Living wage, etc., for workers 1 Article 43 of
ut this uestion has $een #aised again and again in the hono#a$le cou#ts which ha"e dissented f#om this opinion and upheld the "alidit% of minimum wages act. In GUL MUAMMAD TARA SAEB VS STATE O. BOMBAY /, 5he#e the hono#a$le cou#t pointed out that the p#o"ision of 1/01g) is su$(ect to #est#iction ensh#ined in 1/06) of the Indian constitution. A#ticle 1/06) states that, 7othing in su$ clause 0g) of the said clause shall a8ect the ope#ation of an% eisting law in so fa# as it imposes, o# p#e"ent the Sae "$#0 0a%ing an)
1aw i0(#&ing, in 2e ine$e&& #" 2e gene$a1 (*1i! , #easona$le #est#ictions on the ee#cise of the #ight confe##ed $% the said su$ clause.
e$e in 34567 2e w#$+&, '2e ine$e& #" gene$a1 (*1i!8 !$eae& a $e&$i!i#n #n 2e e9e$!i&e #" 2i& $ig2 wi2 $e&(e! # (*1i! #$+e$ i:e # ($e&e$ve (*1i! #$+e$, 2e $ig2 !an e !*$ai1e+: The same uestion was #aised in V:UNICOV VS STATE O. ;ERALA 346/, And the cou#t upheld the "iew of 9:L ;<=A;;A* case.
It was held in this case that the 2ation of minimum wages is fo# the p#ese#"ation of pu$lic o#de#. As if no minimum wage is 2ed, it shall lead to a#$it#a#iness $% the emplo%e# and lead TO CLASES O.
INTEREST BETWEEN EMPLOYER AND LABOUR , which shall cause .RICTION IN SOCIETY:
1/6
3.) The ARTICLE 14 of the Indian constitution, which #elates to eualit%. 7ow, it must $e noted that minimum wages a#e not 2ed in the nation. The% "a#% f#om places to places and #egion to #egion. This p#o"ision of the minimum wages act is condemned $% ce#tain (u#ist as to sa% to "iolate RI9=T T< E>:ALIT+. ut this "iew is also put down $% the cou#ts th#oughout the nation.
In BI;USA v& SANGAMARA 1/63
I wa& 2e1+ ) 2e !#*$ 2a (e$&#n w#*1+ e 1ia1e # +i
In C B BOARDING AND LODGING v& STATE 34=>,
I wa& 2e1+ 2a (e$&#n& w#$%ing in +i
In N:M:WADIA CARITABLE OSPITAL v& STATE O. MAARASTRA
344?, I wa& 2e1+ ) 2e !#*$ 2a @9ing +i
The "a#iation of minimum wages3 $etween the !tates is due to di8e#ences in socio-economic and ag#o-climatic conditions, p#ices of essential commodities, pa%ing capacit%, p#oducti"it% and local conditions in?uencing the wage #ate. The #egional dispa#it% in minimum wages is also att#i$uted to the fact that $oth the Cent#al and !tate 9o"e#nments a#e the app#op#iate 9o"e#nment to 2, #e"ise and enfo#ce minimum wages in scheduled emplo%ments in thei# #especti"e (u#isdictions unde# the Act. TE MINIMUM WAGES ACT, 34: India int#oduced the ;inimum 5ages Act in 1/4@, gi"ing $oth the Cent#al go"e#nment and !tate go"e#nment (u#isdiction in 2ing wages. The act is legall% non-$inding, $ut statuto#%. a%ment of wages $elow the minimum wage #ate amounts to fo#ced la$ou#. 5age oa#ds a#e set up to #e"iew the indust#%s capacit% to pa% and 2 minimum wages such that the% at least co"e# a famil% of fou#s #eui#ements of calo#ies, shelte#, clothing, education, medical assistance, and ente#tainment. :nde# the law, wage #ates in scheduled emplo%ments di8e# ac#oss states, secto#s, s'ills, #egions and occupations owing to di8e#ence in costs of li"ing, #egional indust#iesB capacit% to pa%, consumption patte#ns, etc. =ence, the#e is no single unifo#m minimum wage #ate ac#oss the count#% and the st#uctu#e has $ecome o"e#l% comple.4
In a de"eloping econom% li'e India whe#e a$out / pe#cent of the wo#'e#s wo#' in the info#mal secto#, not ha"ing collecti"e $a#gaining powe#, wages couldnt $e left to $e dete#mined enti#el% $% the inte#pla% of ma#'et fo#ces and inte#"ention on the pa#t of the go"e#nment $ecame imminent. It is with this o$(ecti"e of p#otecting the "ulne#a$leDless p#i"ileged st#ata of the societ% f#om eploitation $% the capitalist class that go"e#nment of India enacted the ;inimum 5ages Act, 1/4@. The act 3 As pointed out $% the :7I<7 LA<:R A7* E;L<+;E7T ;I7I!TER !=RI ;ALLIARI:7 =AR9E,
4 httpsFDDwww.lin'edin.comDpulseDconstitutional-"alidit%-minimum-wages-act1/4@
p#o"ides fo# 2ationD#e"ision of minimum #ates of wages in sweating emplo%ments $% in"ol"ing the autho#it% of the state. The minimum #ates of wages helps in #educing the ineualities in the standa#d of li"ing of di8e#ent social g#oups of wo#'e#s $% statuto#il% p#esc#i$ing minimum wage #ates. La$ou# u#eau,
5A7 TE ACT IS NOT UNREASONABLE It can sca#cel% $e disputed that secu#ing of li"ing wages to la$ou#e#s which ensu#e not onl% $a#e ph%sical su$sistence $ut also the maintenance of health and decenc% is conduci"e to the gene#al inte#est of the pu$lic. This is one of the di#ecti"e p#inciples of the state polic% em$odied in A#ticle 43 of the constitution.
Indi"idual emplo%e#s might 2nd it diGcult to ca##% on the $usiness on the $asis of minimum wages 2ed unde# the Act $ut this must $e not $e the enti#e p#emise and #eason to st#i'e down the law itself as un#easona$le.
HThe #est#ictions, though the% inte#fe#e to some etent with the f#eedom of t#ade o# $usiness gua#anteed unde# A#ticle 1/01)0g) of the constitution, a#e #easona$le and , $eing imposed on the gene#al inte#est of the gene#al pu$lic, a#e p#otected $% the te#ms of the clause 06) of the a#ticle 1/. This uote is a pa#t of (udgement in the case H9ulmuhommad Ta#asahe$ J , a $idi facto#% $% its p#op#ieto#s !ham#ao D!D !tate of om$a% , AIR 1/6 om /KF AIR1/JJ, !c33F1/63, e# 11JF 1/64 T#i 3.
An anothe# impo#tant (udgement that fa"ou#s and suppo#ts the constitutional alitit% of the ;inimum 5ages Act,1/4@ is , H . :nichono% D!D !tate of e#ala,1/6, !C1. This case #aised the same uestions which we#e #aised in the case of 9ulmuhommad Ta#asahe$ D"sD !tate of om$a%, AIR 1/6 om /K., which we#e , Hthat , can a state $e p#e"ented f#om ma'ing an% law, in the inte#est of gene#al pu$lic, whe#e it c#eates #est#ictions and inte#fe#es to some etent with the f#eedom of t#ade o# $usiness gua#anteed unde# A#ticle 1/01)0g) , of the Constitution of India, and it was held that , H iation of minimum wages is fo# p#ese#"ation of J 9:L ;<=A;;A* case.-1/6
pu$lic o#de# , and if no minimum wage is 2ed then it shall lead to a#$it#a#iness $% the emplo%e#s and that shall lead to clashes of inte#est $etween emplo%e# and la$ou# which shall cause f#iction in societ%.
The a#ticle 14 of the Indian Constitution which #elates to eualit% $efo#e the law, it must $e noted that minimum wages a#e not 2ed euall% ac#oss the whole nation $ut the% "a#% f#om occupation to occupation and indust#% to indust#% and f#om place to place.
The case of :chino% D"sD !tate of e#ala ,1/6 !C1, fu#the# uotes the following , H As #ega#ds to the p#ocedu#e fo# 2ing of the minimum wages, the app#op#iate go"e#nment has undou$tedl% $een gi"en "e#% la#ge powe#s , $ut it has to ta'e into conside#ation, $efo#e 2ing wages, the ad"ice of the committee if one is appointed on the #ep#esentations on p#oposals made $% pe#sons who a#e li'el% to $e a8ected the#e$%. The "a#ious p#o"isions constitute an adeuate safegua#d against an% hast% o# cap#icious decision $% the app#op#iate go"e#nment. In suita$le cases, the app#op#iate go"e#nment has also $een gi"en the powe# of g#anting eemptions f#om the ope#ations of the p#o"isions of the Act. The#e is no p#o"ision undou$tedl%, fo# a fu#the# #e"iew of the decision of the app#op#iate go"e#nment , $ut that itself would not ma'e the p#o"isions of the act un#easona$le.
5B7 TE ACT DOES NOT VIOLATE ARTICLE 3 O. TE INDIAN CONSTITUTION: H
mentioned case that , H... no# the #eason that two di8e#ent p#ocedu#es a#e p#o"ided fo# collecting info#mation. .
5C7 NOTI.ICATION .IFING DI..ERENT RATES O. MINIMUM WAGES .OR DI..ERENT LOCALITIES IS NOT DISCRIMINATORY: whe#e the 2ation of #ates of wages and thei# #e"ision we#e manifestl% p#eceded $% a detailed su#"e% and enui#% and the #ates we#e $#ought into fo#ce afte# a full conside#ation of the #ep#esentations which we#e made $% a section of the emplo%e#s conce#ned, it would $e diGcult in the ci#cumstances to hold that noti2cation which 2ed di8e#ent #ates of minimum wages fo# di8e#ent localities was not $ased on intelligent di8e#entia ha"ing a #ational neus with the o$(ect of the Act, and the#e$% "iolated a#ticle 14. when the 9o"e#nment issued noti2cation imp#o"ing upon the eisting minimum wages as #e"ised minimum wages dis#ega#ding the cont#a#% #epo#t of the committee appointed unde# !ection J-10a) O such noti2cation was $ad unde# the law and was to $e made inope#ati"e..
As pointed out $% one of the Indias :nion La$ou# and Emplo%ment ;iniste# !h#i ;alli'a#(una ha#age O, HThe "a#iation of minimum wages $etween the states is due to di8e#ences in socio-economic and ag#o-climatic conditions, p#ices of essential commodities, pa%ing capacit%, p#oducti"it% and local conditions in?uencing the wage #ate. The #egional dispa#it% in minimum wages is also att#i$uted to the fact that $oth the Cent#al and the !tate 9o"e#nments a#e the app#op#iate 9o"e#nments to 2, #e"ise and enfo#ce minimum wages in !cheduled emplo%ments in thei# #especti"e (u#isdictions unde# the Act.
Refe##ing the case of H7.;.5adia Cha#ita$le =ospital D!D !tate of ;aha#asht#a , 1//3, it was decided $% the Cou#t that P H iing di8e#ent minimum wages fo# di8e#ent localities is pe#mitted unde# the constitution and unde# la$ou# laws , hence
the uestion that an% p#o"isio of the ;inimum 5ages Act is in an% wa% against the p#o"isio of constitution is w#ong.
The constitution of India accepts the #esponsi$ilit% of the !tate to c#eate an economic o#de#, in which e"e#% citi&en 2nds emplo%ment and #ecei"es a Hfai# wage. This made it necessa#% to uantif% o# la% down clea# c#ite#ia to identif% fai# wage. The#efo#e, a Cent#al Ad"iso#% Council, in its 2#st session in 7o"em$e# 1/4@, appointed a t#ipa#tite Committee on ai# 5ages. The committee consisted of #ep#esentati"es of emplo%e#s, emplo%ees, and the 9o"e#nment. Thei# tas' was to enui#e into and #epo#t on the su$(ect of fai# wages to the la$ou#.
0*) SANCTITY O. TE MINIMUM WAGE ACT !up#eme Cou#t in th#ee sepa#ate #ulings has held that non payment of minimum wages is tantamount to ‘forced labour’ prohibited under Article 23 of the Constitution. The !up#eme Cou#t holds that fo#ced la$ou# ma% a#ise in se"e#al wa%s, including Hcompulsion a#ising f#om hunge# and po"e#t%, want and destitution. In !an(it Ro% s. !tate of Ra(asthan 01/@3), the !up#eme Cou#t held that the Eemption Act in so fa# as it ecluded the applica$ilit% of the ;inimum 5ages Act 1/4@ to the wo#'men emplo%ed in famine #elief wo#' is Hclea#l% "iolati"e of A#ticle 3. Thus e"en pu$lic wo#'s ostensi$l% initiated $% the go"e#nment fo# the sole pu#pose of p#o"iding emplo%ment a#e su$(ect to the ;inimum 5age Act. *#awing on the !up#eme Cou#t #ulings, Andh#a =igh Cou#t set aside the 9o"e#nment of India 09oI) noti2cation mandating that p#e"ailing state minimum wage $e paid. This has $een unde#sco#ed in the legal opinion p#o"ided $% Additional !olicito# 9ene#al, ;s. Indi#a Naising, to the Cent#al Emplo%ment 9ua#antee Council 0CE9C) 5o#'ing 9#oup on 5ages whe#e she made it clea# that using !ection 601) to allow a pa%ment of less than minimum wage in ;97RE9A wo#'s will amount to fo#ced la$ou#. 1J eminent (u#ists and law%e#s of India too ha"e as'ed 9o"e#nment of India to immediatel% #e"o'e its unconstitutional noti2cation and ensu#e that minimum wages a#e paid to all wo#'e#s in India.
The Act and the (udgements a#e in fa"ou# of eualit% p#o"ided unde# A#ticle 14 of the Constitution and a (udgement in the case namel%, HEnginee#ing 5o#'e#s :nion D"sD :nion of India01//4) I .LLN!up./4om., p#onounces the (udgement that , HThe p#o"ision unde# !ection 30)0A), that minimum #ate of wages in scheduled emplo%ment 2ed o# #e"ised, shall not appl% to the emplo%ees du#ing the pe#iod of ad(udication, "iolated eualit% clause of A#ticle 14 and hence that section is "oid.
In the "iew of the *i#ecti"e #inciples of !tate olic% as contained in the A#ticle 43 of the Indian Constitution, it is $e%ond dou$t that secu#ing of li"ing wages to la$ou#e#s which ensu#es not onl% $a#e ph%sical su$sistence $ut also the maintenance of health and decenc%, it is conduci"e to the gene#al inte#est of the pu$lic.
The ;inimum wages Act was passed to ful2ll the aspi#ation as contained in the following #esolutionF-
H If the la$ou#e#s a#e to $e secu#ed the en(o%ment of minimum wages and the% a#e to $e p#otected against eploitation $% thei# emplo%e#s, it is a$solutel% necessa#% that #est#aints should $e imposed upon the f#eedom of cont#act and such #est#ictions cannot $e said to $e un#easona$le.
In the case of HETITI<7ERF INA+ C
RE!<7*E7TF T=E !TATE < AN;ER.*ATE < N:*9;E7TF
14D
The Constitutional "alidit% of this Act was attac'ed on the g#ound that it "iolates the gua#antee of f#eedom of t#ade o# $usiness etc., en"isaged $% A#ticle 1/01)0g) of the
Indian Constitution, 0Constitution of India, A#ticle. 1/01)0g), 1/06)-;inimum 5ages Act 0QI of 1/4@), sections. 3,4 and J-App#op#iate
9o"e#nment-iing minimum #ate of wages-5hethe# o8ends fundamental #ights gua#anteed unde# A#t. 1/01)0g).)
, it was held that , the #est#ictions imposed upon the f#eedom of cont#act $% the 2ation of minimum #ates of wages though the% inte#fe#e to some etent with the f#eedom of t#ade o# $usiness gua#anteed unde# A#t. 1/01)0g) of the Constitution a#e not un#easona$le and $eing imposed in the inte#est of gene#al pu$lic and with a "iew to ca##% out one of the *i#ecti"e #inciples of !tate olic% as em$odied in A#t. 43 of the Constitution a#e p#otected $% the te#ms of el. 06) of A#t. 1/. It can thus $e said that the p#o"isions of the Act a#e $ound to a8ect ha#shl% and e"en opp#essi"el% a pa#ticula# class of emplo%e#s, who fo# pu#el% economic #easons a#e una$le to pa% the minimum #ate of wages 2ed $% the autho#ities , $ut ha"e a$solutel% dishonest intention of eploiting thei# wo#'e#s.
The fact that emplo%e# might 2nd it diGcult to ca##% on $usiness on settled p#inciple cannot $e a suGcient #eason fo# st#i'ing down the law itself as un#easona$le. The po"e#t% of la$ou#e#s is also a facto# to $e ta'en into conside#ation while dete#mining the uestion whethe# a pa#ticula# p#o"ision is in the inte#est of the gene#al pu$lic.
San!i) #" T2e Mini0*0 Wage A! !up#eme Cou#t in th#ee sepa#ate #ulings, has held that non payment of minimum wages is tantamount to ‘forced labour’ prohibited under Article 23 of the Constitution. The !up#eme Cou#t holds that fo#ced la$ou# ma% a#ise in se"e#al wa%s, including Hcompulsion a#ising f#om hunge# and po"e#t%, want and destitution. In !an(it Ro% s. !tate of Ra(asthan 01/@3), the !up#eme Cou#t held that the Eemption Act in so fa# as it ecluded the applica$ilit% of the ;inimum 5ages Act 1/4@ to the wo#'men emplo%ed in famine #elief wo#' is Hclea#l% "iolati"e of A#ticle 3. Thus e"en pu$lic wo#'s ostensi$l% initiated $% the
go"e#nment fo# the sole pu#pose of p#o"iding emplo%ment a#e su$(ect to the ;inimum 5age Act. *#awing on the !up#eme Cou#t #ulings, Andh#a =igh Cou#t set aside the 9o"e#nment of India 09oI) noti2cation mandating that p#e"ailing state minimum wage $e paid. This has $een unde#sco#ed in the legal opinion p#o"ided $% Additional !olicito# 9ene#al, ;s. Indi#a Naising, to the Cent#al Emplo%ment 9ua#antee Council 0CE9C) 5o#'ing 9#oup on 5ages whe#e she made it clea# that using !ection 601) to allow a pa%ment of less than minimum wage in ;97RE9A wo#'s will amount to fo#ced la$ou#. 1J eminent (u#ists and law%e#s of India too ha"e as'ed 9o"e#nment of India to immediatel% #e"o'e its unconstitutional noti2cation and ensu#e that minimum wages a#e paid to all wo#'e#s in India. Th#ee Chief ;iniste#s 0Ra(asthan, Andh#a #adesh and e#ala) ha"e w#itten to the #ime ;iniste# #euesting the ;inist#% of Ru#al *e"elopments 0;oR*) compliance with the ;inimum 5age Act, followed $% a lette# f#om the Chai#pe#son, 7AC and :A, to the #ime ;iniste# calling his attention to 2nd u#gent #esolution of this matte#. inall%, the La$ou# ;inist#% too has #eite#ated its Hfundamental o$(ection to !ection 601), wa#ning that using !ection 601) to allow pa%ment of less than p#e"ailing state minimum wage will not stand legal sc#utin%. =owe"e# despite this o"e#whelming legal and political consensus, $oth the 9oI and the 9o"e#nment of Andh#a #adesh continue to $e in contempt of the Andh#a #adesh =igh Cou#t 0Nul% /) citing 2scal conce#ns. In fact in his #esponse to the Chai#pe#son, 7AC #ega#ding "iolation of minimum wages in 7RE9A, the ; has asse#ted that the wage #ate unde# 7RE9A is independent of the p#o"isions of the ;inimum 5ages Act, a statement that #uns counte# of the esta$lished Constitutional, legal and political opinion The Act and the (udgments a#e in fa"ou# of eualit% p#o"ided unde# A#ticle 14 of the Constitution and a (udgment in the case namel%, HEnginee#ing 5o#'e#s :nion D"sD :nion of India01//4) I .LLN!up./4om., p#onounces the (udgment that , HThe p#o"ision unde# !ection 30)0A), that minimum #ate of wages in scheduled emplo%ment 2ed o# #e"ised, shall not appl% to the
emplo%ees du#ing the pe#iod of ad(udication, "iolated eualit% clause of A#ticle 14 and hence that section is "oid. In the "iew of the *i#ecti"e #inciples of !tate olic% as contained in the A#ticle 43 of the Indian Constitution, it is $e%ond dou$t that secu#ing of li"ing wages to la$ou#e#s which ensu#es not onl% $a#e ph%sical su$sistence $ut also the maintenance of health and decenc%O it is conduci"e to the gene#al inte#est of the pu$lic.
T2e Mini0*0 wage& A! wa& (a&&e+ # "*1@11 2e a&(i$ai#n a& !#naine+ in 2e "#11#wing $e*i#n HIf the la$ou#e#s a#e to $e secu#ed the en(o%ment of minimum wages and the% a#e to $e p#otected against eploitation $% thei# emplo%e#s, it is a$solutel% necessa#% that #est#aints should $e imposed upon the f#eedom of cont#act and such #est#ictions cannot $e said to $e un#easona$le.
43 of the Constitution a#e p#otected $% the te#ms of el. 06) of A#t. 1/. It can thus $e said that the p#o"isions of the Act a#e $ound to a8ect ha#shl% and e"en opp#essi"el% a pa#ticula# class of emplo%e#s, who fo# pu#el% economic #easons a#e una$le to pa% the minimum #ate of wages 2ed $% the autho#ities, $ut ha"e a$solutel% dishonest intention of eploiting thei# wo#'e#s. The fact that emplo%e# might 2nd it diGcult to ca##% on $usiness on settled p#inciple cannot $e a suGcient #eason fo# st#i'ing down the law itself as un#easona$le. The po"e#t% of la$ou#e#s is also a facto# to $e ta'en into conside#ation while dete#mining the uestion whethe# a pa#ticula# p#o"ision is in the inte#est of the gene#al pu$lic.
7E5 A!ECT! I7 ;I7I;:; 5A9E! ACT The :nion La$ou# M Emplo%ment ;iniste# !h#i ;alli'a#(un ha#ge has info#med the Ra(%a !a$ha that the no#ms #ecommended $% the Indian La$ou# Confe#ence 0ILC), held in 1/JK a#e ta'en into account while 2ing the minimum wages. These a#e as followsF -
a)
$)
3 consumption units fo# one ea#ne#.
;inimum food #eui#ements of K calo#ies pe# a"e#age Indian
adult.
c)
d)
Clothing #eui#ements of K %a#ds pe# annum pe# famil%.
Rent co##esponding to the minimum a#ea p#o"ided fo# unde#
9o"e#nments Indust#ial =ousing !cheme.
e)
uel, Lighting and othe# miscellaneous items of ependitu#e to
constitute of the total minimum wage. The =on$le !up#eme Cou#t deli"e#ed a (udgment in the case of
REPTA;OS CO: VS: ITS WOR;ERS 2a 2e !2i1+$en8& e+*!ai#n, 0e+i!a1 $eH*i$e0en, 0ini0*0
$e!$eai#n in!1*+ing "e&iva1&!e$e0#nie&, ($#vi&i#n "#$ #1+ age, 0a$$iage e!: &2#*1+ !#n&i*e /K #" 2e 0ini0*0 wage an+ *&e+ a& a g*i+e in @9ai#n #" 0ini0*0 wage& . The !tate 9o"e#nments ha"e $een #euested f#om time to time to 'eep the a$o"e no#ms and (udicial p#onouncement in "iew while 2ingD#e"ising the minimum wages.
T2e $e!en1) 2e1+ 2 In+ian La#*$ C#n"e$en!e, inte# alia, discussed the issue of amendment of the ;inimum 5ages Act and made ce#tain #ecommendations fo# inco#po#ation in the amendment p#oposals. The #ecommendations we#e mainl% on national minimum wage, enhancement of penal p#o"isions, adoption of *A in all !tatesD:Ts, etc. A Confe#ence Committee of the 44th session of ILC was constituted to discuss Agenda Item 7o.0i) conce#ning ;inimum 5ages and #elated issues. These issues, inte# alia, include no#ms fo# 2ationD#e"ision of minimum #ates of wages, a#ia$le *ea#ness Allowance0*A), 7ational loo# Le"el ;inimum 5ages etc.
1.
The#e was $#oad consensus that the 9o"e#nment ma% 2 minimum
wages as pe# the no#msD c#ite#ia #ecommended $% the 1Jth ILC 01/JK) and the di#ections of the =on$le !up#eme Cou#t 0Repta'osM Co. s. its wo#'e#s :nion) 1//. The 9o"e#nment ma% ta'e necessa#% steps acco#dingl%.
.
It was suggested that the ;inimum 5ages Act should co"e# all
emplo%ments and the eisting #est#iction fo# its applica$ilit% on the scheduled emplo%ments onl% should $e deleted. This will also help India #atif% IL< Con"ention 7o.131.
3.
It was $#oadl% ag#eed that the#e should $e national minimum wages
applica$le to all emplo%ments th#oughout the count#%.
4.
It was pointed out that the pa%ment to the app#entices should $e
t#eated di8e#entl% f#om the othe# catego#ies.
J.
The Committee noted that at p#esent the#e a#e 1 !tatesD:Ts who
ha"e not adopted *A. The#e was consensus that all !tatesD:Ts should adopt *A.
6.
It was also #ecommended that the pa%ment of minimum wages
should $e done th#ough an'sDost
K.
It was felt that the enfo#cing agencies should not $e gi"en the powe#
of ad(udication and, the#efo#e, this p#oposal should $e #e-eamined.
@.
Rega#ding penal p#o"ision fo# "iolation of the Act, it was felt that
imp#isonment clause unde# !ection and A is ha#sh to the emplo%e# and ma% $e #e-eamined. u#the#, it was felt that non-maintenance of #egiste#s should not att#act imp#isonment.
/.
The p#oposal of pa%ing di8e#ent minimum wages in #espect of same
emplo%ment eithe# in the Cent#e o# in the !tates should $e done awa% with.
