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212255079 Wage Fixation Under Minimum Wages Act

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PROJECT REPORT ON:

PROJECT REPORT ON:

FIXATION OF WAGES UNDER

FIXATION OF WAGES UNDER

MINIMUM WAGES ACT 1948

MINIMUM WAGES ACT 1948

TABLE OF CONTENTS

TABLE OF CONTENTS

ACKNOWLEDGEMENT ………..………....………….3

ACKNOWLEDGEMENT ………..………....………….3

RESEARCH RESEARCH METHODOLMETHODOLOGY………..………….OGY………..…………..…4.…4 INTRODUCTION... INTRODUCTION...…….…….……..…….…….…….. ……… ……… WAGE STRUCTURE AND ITS WAGE STRUCTURE AND ITS COMPONENTS... COMPONENTS...!...! F FIIXXAATTIIOON N OOFF WAGES... WAGES... ...1" ...1" F FIIXXIINNG G AANND D RREE##IISSIINNG G OOF F MMIINNIIMMUUMM WAGES...14 WAGES...14 CONCLUSION………...…….18 CONCLUSION………...…….18 $I$LIOGRAPHY………...………..…...19 $I$LIOGRAPHY………...………..…...19

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RESEARCH METHODOLOGY

The Objective of this project is to examine the concept of Fixation of Wages under the Minimum Wages Act 1948

This !octrina" research is descriptive and ana"#tica" in nature $econdar# and %"ectronic resources have been "arge"# used to gather information and data about the topic

 &oo's and other reference as guided b# Facu"t# of (abour (a) have been primari"# he"pfu" in giving this project a firm structure Websites* dictionaries and artic"es have a"so been referred

Footnotes have been provided )herever needed* either to ac'no)"edge the source or to point to a particu"ar provision of "a) +niform citation has been fo""o)ed

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INTRODUCTION

The minimum )ages Act defines )ages under $ection , -h.* )hich reads as under/ 

0Wages means a"" remuneration* capab"e of being expressed in terms of mone#* )hich )ou"d  be* in terms of contract of emp"o#ment* express or imp"ied )ere fu"fi""ed* be pa#ab"e to a  person emp"o#ed in respect of his emp"o#ment or of )or' done in such emp"o#ment and

inc"udes house rent a""o)ance but does not inc"ude 22 -i. the va"ue of

a. an# house accommodation* supp"# of "ight* )ater* medica" attendance 3 or 

 b. an# other amenit# or an# service exc"uded b# genera" or specific order of the appropriate government3

-ii. an# contribution paid b# the emp"o#er to an# pension funds or provident fund or an# other scheme of socia" insurance3

-iii. an# trave""ing a""o)ance or the va"ue of an# trave""ing concession3

-iv. an# sum paid to the person emp"o#ed to defra# specia" expenses entai"ed on him b# the nature of his emp"o#ment3 or 

-v. an# gratuit# pa#ab"e on discharge

The ana"#sis of this section indicates that the fo""o)ing re5uirements are necessar# for  )ages22

1. )ages inc"ude a"" remuneration paid to an emp"o#ee inc"uding house rent a""o)ance3 ,. )ages must be capab"e of being expressed in terms of mone#3

6. )ages become due )hen there is a contract bet)een emp"o#er and emp"o#ee 7o)ever* the contract ma# be expressed or imp"ied3

4. the terms and conditions of the contract must be fu"fi""ed* or he must have done )or'  assigned to him under such emp"o#ment

The term )ages has a composite meaning* )hich inc"udes a"" remuneration and other   pa#ments pa#ab"e to an emp"o#ee* )hich are not express"# exc"uded b# the provisions of the

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WAGE STRUCTURE & ITS COMPONENTS

&road"# spea'ing the )age structure can be divided into three categories : The basic minimum )age )hich provides bare subsistence and is at povert# "ine "eve"* a "itt"e above is the fair )age and fina""# the "iving )age )hich comes at a comfort "eve" ;t is not possib"e to demarcate these "eve"s of )age structure )ith an# precision

<ertain princip"es on )hich )ages are fixed have been stated b# the $upreme <ourt in  Kamani Metals and Alloys v. Their Workmen1

0 Broadly speaking the first principle is that there is a minimum wage which in any event must be paid, irrespective of the etent of profits, the financial condition of the establishment or the availability of workmen on lower wages. The minimum wages is independent of the kind of industry and applies to all alike big or small. !t sets the lowest  limit below which the wages cannot be allowed to sink in all humanity. The second principle is that wages must be fair, that is to say, sufficiently high to provide a standard family with  food, shelter, clothing, medical care and education of children appropriate for the workmen

but not at a rate eceeding his wage earning capacity in the class of establishment to which he belongs. A fair wage is thus related to the earning capacity and the workload. !t must, however be realised that "fair wage# is not a "living wage# by which it means a wage which is sufficient to provide not only the essential above mentioned but, a fair measure of frugal  comfort with an ability to provide for old age and evil days. $air wage lies between minimum wage, which must be paid in any event, and the living wage, which is the goal 

MINIMUM WAGES--: The expression 0minimum )ages is not defined in the Act  presumab"# because it )ou"d not be possib"e to "a# do)n a uniform minimum )ages for a""

industries throughout the countr# on account of different and var#ing conditions prevai"ing from industr# to industr# and from one part of the countr# to another, ;t )as he"d in %ydro

&'ngineers( )rivate *imited v. The Workmen*6 that22

1 A;= 19>? $< 11>@

2 %ydro &'ngineers( )vt. *td. v. The Workmen

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0The concept of minimum )ages ta'es in the factor of the prevai"ing cost of essentia" commodities )henever such minimum )age is to be fixed Furthermore* in the right of  spira""ing of prices in the recent #ears* if the )age sca"es are to be rea"istic it ma# become necessar# to fix them so as to neutra"ie at "east part"# the price rise in essentia" commodities

Components o ! m"n"m#m $!%e22 The concept of minimum )age does not mean a )age that enab"es the )or'er to cover his bare ph#sica" need and 'eep himse"f just above starvation The capacit# of the emp"o#er to pa# is irre"evant in fixing minimum )age Therefore* no addition sha"" be made to the components of the minimum )age* )hich )ou"d ta'e the minimum )age near the "o)er "eve" of the fair )age ;n +nichay v. tate of Kerala*4

it )as he"d that 0the Act contemp"ates that minimum )age rates shou"d be fixed in the schedu"ed industries )ith the dua" object of providing subsistence and maintenance of the )or'er and his fami"# and preserving his efficienc# as a )or'er

The concept of the need 0based minimum )age )as evo"ved b# the 't(  In)"!n L!*o#+

Cone+en,e* he"d in Bu"#* 19@> With regard to the minimum human needs of the industria" )or'er* irrespective of an# other considerations ;n order to ca"cu"ate the minimum )age* the Tripartite <ommittee of the ;ndian (abour <onference he"d in Ce) !e"hi in 19@>* accepted the fo""o)ing norms* and recommended that the# shou"d guide a"" )age2fixing authorities* inc"uding minimum )age committees* Wage &oards* adjudicators* etc 22

1. ;n ca"cu"ating the minimum )age* the standard )or'ing c"ass fami"# shou"d be ta'en to consist of three consumption units for one earner3 the earnings of )omen* chi"dren and ado"escents shou"d be disregarded

,. Minimum food re5uirements shou"d be ca"cu"ated on the basis of net inta'e of ,>DD ca"ories* as recommended b# !r A#'ro#d for an average ;ndian adu"t of moderate activit#

6. <"othing re5uirements shou"d be estimated as per consumption of 18 #ards per  annum )hich )ou"d give for the average )or'ers fami"# of four* a tota" of >, #ards

4. ;n respect of housing* the norm shou"d be the minimum rent charged b# Eovernment in an# area for houses provided under the $ubsidised ;ndustria" 7ousing $cheme for "o) income groups

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@. Fue"* "ighting and other misce""aneous items of expenditure shou"d constitute ,D of the tota" minimum )age

?. <hi"drens education* medica" re5uirements* minimum recreation inc"uding festiva"sGceremonies and provision for o"d age marriages* etc shou"d further  constitute ,@ of the tota" minimum )age@

;t )as further he"d in the above case that the )age structures )hich approximate"# ans)ers the above six components is nothing more than a minimum )age at subsistence "eve" The emp"o#ees are entit"ed to minimum )age at a"" times and under a"" circumstances An emp"o#er )ho cant pa# minimum )ages has no right to engage "abour and no justification to run the industr#

;n )eople-s +nion for emocratic /ights v. +nion of !ndia*? it )as he"d b# the $upreme <ourt

that )here chi"dren be"o) the age of 14 #ears are emp"o#ed in vio"ation of the %mp"o#ment of <hi"drens Act* 1968 and minimum )ages are denied to such chi"dren or to other persons )ho b# reason of povert# or socia""# or economica""# disadvantageous position are unab"e to approach the <ourt* "ega" redress ma# be sought on their beha"f b# an# member of the pub"ic FAIR WAGES:

There is a difference bet)een minimum )ages and fair )ages ;n case of fair )age* besides the princip"e of industr#2cum2region* the compan#s capacit# to bear the financia" burden must receive due consideration &ut mere hopefu" observations made in the directors annua" report cant be basis for a)arding increased )ages because such observations are sometimes made to inspire hope and confidence in shareho"ders and the# cant be a substitute for actua" audited figures>

;t )as he"d in Transport <orp of ;ndia (td v $tate of Maharashtra H Others*8 that it is not

for the (abour <ourt or Tribuna" to fix the minimum rates of )age Whi"e fixing fair rates of 

5 Added b# the $upreme <ourt in vie) of socio2economic aspect of the )age structure operating in

our societ# toda#* )hi"e deciding Workmen v. /eptakos Brett 0 1o *td * 199, $<< ,>1

6 -199,. , (B @4@ -$<.

7 angam )ress v. Workmen* A;= 19>@ $< ,D6@

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)ages the courts or tribuna"s ta'e into consideration the minimum rates of )ages and )here the Eovernment has not fixed the minimum rates of )ages then the courts or tribuna"s ascertain for themse"ves )hat )ou"d be the minimum rate of )ages ;n fact minimum rate of  )ages are fixed b# the Eovernment <ourts or tribuna"s mere"# ascertain )hat are the minimum rates of )ages for the purpose of deciding fair )ages

LIING WAGE:

The Fair Wage <ommittee in its report pub"ished b# Eovernment of ;ndia* Ministr# of "abour  in 1949 defined the "iving )age as under

0The living wage should enable the male earner to provide for himself and his family not  merely the bare essentials of food, clothing and shelter but a measure of frugal comfort  including education for children, protection against ill health, re2uirements of essential   social needs, and a measure of insurance against the more important misfortunes including 

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FI.ATION OF MINIMUM WAGES

$ection 6 of the act "a#s do)n that the appropriate Eovernment sha"" be empo)ered to fix the minimum rates of )ages in the manner prescribed under this Act ;t sha"" fix such rates of  )ages pa#ab"e to emp"o#ees emp"o#ed in an emp"o#ment specified in Iart ; or Iart ;; of the $chedu"e and in an emp"o#ment added to either part b# notification under $ection ,>

&ut the appropriate Eovernment ma# in respect of emp"o#ees emp"o#ed in an emp"o#ment specified in part of the $chedu"e* instead of fixing minimum rates of )ages under this c"ause for the )ho"e $tate* fix such rates for a part of the $tate or for an# specified c"ass or c"asses of  such emp"o#ment in the )ho"e of the state or part thereof

The appropriate Eovernment sha"" revie) the minimum rates of )ages to fix and revise the minimum rates* if necessar# at such interva"s as it ma# thin' fit The interva"s as aforesaid sha"" not exceed five #ears &ut )here for an# reason the appropriate government has not revie)ed the minimum rates of )ages fixed b# it )ithin an interva" of five #ears* the appropriate government sha"" not be )ith the po)er to revie) or revise after five #ears +nti" the minimum rates are revised* the minimum rates in force immediate"# before the expir# of  the said period of five #ears sha"" continue in force

$ub2section -12A. provides that the appropriate government ma# refrain from fixing minimum "eve" of )ages in respect of an# schedu"ed emp"o#ment in )hich there are in the )ho"e state "ess than one thousand emp"o#ees engaged in such emp"o#ment &ut if at an# time* the appropriate Eovernment comes to a finding after such en5uir# as it ma# ma'e or  cause to be made in this beha"f that the number of emp"o#ees in an# schedu"ed emp"o#ment in respect of )hich it has refrained from fixing minimum rates of )ages* has risen to one thousand or more ;t sha"" fix minimum rates of )ages pa#ab"e to emp"o#ee in such emp"o#ment as soon as ma# be such finding

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 !n ahadeo ahu v. tate of M.). and another 3 it )as he"d that $ection 6-12A. does not

 prevent the appropriate government from fixing the minimum rates of )ages even if the number of emp"o#ees in that schedu"ed emp"o#ment is "ess than one thousand The )ord refrain used in $ection 6-12A. )ou"d inc"ude jurisdiction to )ithdra) the minimum rates of  )ages fixed if the strength of the schedu"ed emp"o#ment fa""s be"o) 1DDD The po)er to rescind the )ages once fixed )ithout an# expressed provision is that regard in $ection 6-12A. can )e"" be inferred )ith reference to $ection ,1 of the Eenera" <"auses Act

$ub2section -,. provides that the government ma# fix/ 

a. a minimum rate of )ages for time )or' -ie* 0a minimum time rate.3  b. a minimum rate of )ages for piece )or' -ie* 0a minimum piece rate.3

When a piece rate is fixed* ever# )or'er )i"" not earn the same amount for the da# ;f the difference is due to reasons )hich are pure"# persona" to the )or'er* no grievance can be made* but if the difference is brought about b# furnishing one )ith an appreciab"e examp"e providing one )ith a machiner# and the other )ith a hand ma""et* there ma# be a possibi"it# of injustice and an attempt must be made for  arriving at a resu"t )hich ma# rea""# be reasonab"e and just in the circumstances1D c. a minimum of remuneration to app"# in the case of emp"o#ees emp"o#ed in a piece

)or' for the purpose of securing to such emp"o#ees a minimum rate of )ages on a time )or' basis )hich is 'no)n as 0a guaranteed time rate* <"ause -c. of section 6-,. is intended to meet a situation )here operation of minimum rate fixed b# the Eovernment ma# resu"t in )or'er earning "ess than minimum )age11

d. a minimum rate - )hether a time rate or a piece rate . to app"# to app"# in substitution for the minimum rate )hich )ou"d other)ise be app"icab"e* in respect of overtime )or' done b# the emp"o#ees* )hich is 'no)n as 0overtime

The minimum rates of )ages sha"" not app"# in the fo""o)ing cases during the period in )hich the proceeding is pending and the a)ard made therein is the operation or )here the notification is issued during the period of operation of an a)ard during that period

9 -199D. ;; ((B 4D, -MI.

10 M.4.A. )ai 0 ons v. tate* A;= 19>1 M#s 4?

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-i. )here in respect of an industria" dispute re"ating to the rates of )ages pa#ab"e to an# of the emp"o#ees emp"o#ed in a schedu"ed emp"o#ment an# proceeding is pending  before a Tribuna" or a Cationa" Tribuna" under the ;ndustria" !isputes Act 194>* or   before an# "i'e authorit#3 or 

-ii. )here an a)ard made b# an# such authorit# as aforesaid in its operation3 and

-iii. a notification fixing or revising the minimum rates of )ages in respect of the schedu"ed emp"o#ment is issued during the pendenc# of such proceeding or the operation of the a)ard

Where such proceedings or a)ard re"ates to the rates of )ages pa#ab"e to a"" the emp"o#ees in the emp"o#ment no minimum rates sha"" be fixed or revised in respect of that emp"o#ment during the said period

;n fixing or revising minimum rates of )ages under $ection 6 a. different minimum rates of )ages ma# be fixed for 222

i different schedu"ed emp"o#ments3

ii different c"asses of )or' in the same schedu"ed emp"o#ment3 iii adu"ts* ado"escents* chi"dren and apprentices3

iv different "oca"ities3

 b. minimum rates of )ages can be fixed b# one or more of the fo""o)ing )age periods* name"#22

i. b# the hour* ii. b# the da#*

iii. b# the month* or 

iv. b# such other "onger )age2period as ma# be prescribed

Where such rates are fixed b# the da# or the month* the manner of ca"cu"ating )ages for a month or for a da#* as the case ma# be* ma# be indicated Where an# )age2period have been fixed under $ection 4 of the Ia#ment of Wages Act* 196?* minimum )ages sha"" be fixed in accordance there)ith

;n .$.A.*. Works v. tate !ndustrial 1ourt, 5agpur *1, it )as he"d that in fixing the minimum

rates of )ages* the Act a"so ma'es provisions for the specia" a""o)ances to be paid a"ong )ith

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the basic rate of )ages The a""o)ance is fixed b# the Eovernment to accord as near"# as  practicab"e )ith the variation in the cost of "iving index number app"icab"e to such )or'ers

$o far as the provisions of the act re"ating to the minimum )ages and specia" a""o)ances are concerned the# are fixed )ithout an# reference to the pa#ing capacit# of the emp"o#er* but )hen a dearness a""o)ance is fixed as a part of the fair )age* it )i"" have to depend upon the  pa#ing capacit# of the emp"o#er ;t has been he"d though the dearness a""o)ance is given to

compensate for the rise of the cost of "iving* cent per cent neutra"isation is not given as it ma# tend to inf"ation

;n 6yothi %ome !ndustries v. tate of Karnataka*16 the 5uestion for consideration )as )hether 

the appropriate government can fix guaranteed remuneration under this Act* for the da# on )hich the emp"o#er in unab"e to give the )or' ;t )as he"d that the appropriate government under $ection 6 can fix minimum )ages for hours actua""# )or'ed b# the emp"o#ee and if he is not in the position to fu"fi" his part of the contracts on account of the facts that the emp"o#er does not offer him necessar# ra) materia"s re5uired for his job* he )ou"d be entit"ed to remuneration under $ection 6-,.-c. This vie) is supported b# the other provisions "i'e section 16 and ,D of the Act a"so Thus the Eovernment can fix guaranteed remuneration

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FI.ING AND REISING OF MINIMUM WAGES/

I++e0e1!nt ,ons")e+!t"ons "n "2!t"on o m"n"m#m $!%es/

The fo""o)ing considerations are not re"evant in fixation of )ages2

a. The fact that an emp"o#er ma# find it difficu"t to carr# on his business on the basis of  minimum )ages14

 b. The financia" capacit# of the emp"o#ee ie* his capacit# to pa#1@

c. The fact of the emp"o#er2compan# having incurred "osses during the previous #ears d. %mp"o#ers difficu"ties in importing ra) materia"s and

e. The region cum industr# princip"es

7o)ever* in fixing fair )ages the financia" capacit# of the emp"o#er and the )ages sca"e  prevai"ing in the comparab"e industries in the region are some of the re"evant

considerations1? Minimum )ages must be paid irrespective of the extent of the profits* the

financia" condition of the estab"ishment or the avai"abi"it# of )or'men* on "o)er )ages1>

The minimum )ages are independent of the 'ind of industr# and app"ies to a"" a"i'e* big or  sma"" ;t sets the "o)est "imit be"o) )hich )ages cannot be a""o)ed to sin' in a"" humanit# PROCEDURE

$ection @ "a#s do)n that in fixing minimum rates of )ages in respect of an# schedu"ed emp"o#ment for the first time under this Act or in revising minimum rates of )ages so fixed* the appropriate Eovernment sha"" either

14 $upra 11

15angam )ress v. Workmen A;= 19?9 $< ,D6@

16 $upra 14

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a. Appoint as man# committees and sub2 committees as it considers necessar# to ho"d en5uiries and advise it in respect of such fixation or revision* as the case ma# be3 or   b. &# notification in the Officia" Eaette* pub"ish its proposa"s for the information of the

 persons "i'e"# to be affected thereb# and specif# a date not "ess than t)o months from the date of the notification on )hich the proposa"s )i"" be ta'en in consideration

After considering the advice of the committees appointed* and a"" representations received b# it before the date specified in the gaette notification* the appropriate government ma# b# notification in the Officia" Eaette* fix or revise the minimum )ages in respect of the each schedu"ed emp"o#ment* )hich sha"" come into force after the expir# of three months un"ess other)ise provided in the notification

When the appropriate Eovernment proposes to revise the minimum rates of )ages* b# the mode specified in section @-1. -b.* the appropriate government sha"" consu"t the advisor#  board a"so

;f the advisor# board approves the notification* regarding revision of )ages )ithout discussing the objections made* the action of the board )ou"d be arbitrar# because it amounts to non2app"ication of mind in granting approva"18

The exercise of po)er to fix or revise the minimum )ages under sub2section -,. of section @ is "imited to emp"o#ment specified in the schedu"e +nder $ection ,> of the Act* the appropriate government ma# add an# emp"o#ment to the schedu"e The nature and extent of  the po)er of the appropriate Eovernment under $ection ,> and $ection @ -,. is separate and distinct and )hat can be done b# the appropriate government in exercise of its po)er under  $ection ,> cannot be done b# it in exercise of its po)ers under $ection @ -,. of the Act19

The po)er conferred upon the appropriate Eovernment under $ection @-1. is neither arbitrar# nor unguided Therefore* sub2section -1. does not offend Artic"e of the <onstitution,D ;n the

matter of fixing minimum )ages* the economic capacit# of the trade or industr# is irre"evant*

18 % B 7erma v. +nion of !ndia* -1996. 1 ((B 69 !e"

19 Madhya )radesh Mineral !ndustrial Association v. The /egional *abour 1ommissioner * A;=

19@D $< 1D?8

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for* )hat a"one is germane* is* the )age re5uired b# the emp"o#ees to survive,1 The fixation

of )ages depend upon the prevai"ing economic conditions* the cost of "iving in a p"ace* the nature of the )or' to be performed and the conditions in )hich the )or' is performed Where a notification is issued b# the Eovernment authorising the emp"o#er to deduct the sum mentioned in the notification to)ards the cost of free mea"s supp"ied to the )or'ers b# him* it )as he"d that the notification gives on"# an option to the emp"o#er and does not impose an ob"igation upon him,,

;n Muruga %ome !ndustries v. 4overnment of Tamil 5adu 0 Anr ,6 minimum )ages of beedi2

)or'ers )ere revised b# the $tate Eovernment revised b# the $tate Eovernment b# a notification issued after consu"tation )ith the Advisor# &oard ;t )as the notification fixing minimum )ages shou"d not be interfered )ith in )rit proceedings except on most substantia" grounds Advisor# &oard is )e"" ba"anced since representation is given to emp"o#ers and emp"o#ees Wor' in &eedi industr# is unorganised sector and condition of )or' and )ages of   beedi )or'ers are be"o) subsistence "eve" and minimum )ages fixed is fair and just and not

arbitrar#

;n  5orth Bihar 1hamber of 1ommerce and !ndustries, Mu88affarpur and others v. tate of   Bihar and others*,4 a notification )as issued revising the minimum rates of )ages on the

advice of the Advisor# &oard ;t )as contended that the composition of the Advisor# &oard )as defective The revised rates of minimum )ages )ere impugned in these petitions !ismissing the petitions the 7igh <ourt observed that the petitioner had neither p"eaded nor  advanced arguments that an# prejudice )as caused b# an a""eged defect in the composition of  the Advisor# &oard )ou"d not per se vitiate the decision

;n  Andhra )radesh %otels Association v. 4overnment of Andhra )radesh 0 Anr 9:* the

Eovernment of Andhra Iradesh issued a Eaette notification on March 1999 proposing

21 Arbunda Bhuvan Tea hop 0 ;rs. v. tate of Maharashtra 0 ;rs* 199, ; ((B 8D> -&om.

22 $upra ,D

23 -199?. ; ((B @98 -Madras.

24 -,DD,. ; ((B 488 -Iat.

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15

revision of minimum )ages in 7ote" industr# under $ection @-,. of the Minimum Wages Act* 1948 On October 1>* ,DDD the Eovernment of Andhra Iradesh in consu"tation )ith the $tate Advisor# &oard issued another EO revising the minimum )ages in exercise of po)ers conferred b# $ections 6-1. and @-,. of the Act in 7ote"s and =estaurants etc &eing aggrieved  b# the said notification the petitioner association fi"ed the present )rit petition !ismissing

the appea" the 7igh <ourt made fo""o)ing observations22

1. Fixation of minimum )ages )as an administrative act and the 5uantum fixed on humanitarian ground )as not subject to judicia" revie)* un"ess the fixation )as u"tra vires* the Minimum Wages Act* 1948

,. Minimum )ages must provide not mere"# for bare subsistence but for the preservation of )or'ers efficienc# a"so* and so the capacit# of the emp"o#er to pa# such )ages )as treated as irre"evant

6. The 7igh <ourt )hi"e revie)ing a notification fixing minimum )ages cou"d not assume the ro"e of an appe""ate authorit# and reappreciate each and ever# factor

4. ;t cou"d not be said that under no circumstances the rate of neutra"isation of variab"e !A shou"d not exceed 1DD

@. The Minimum Wages Act* 1948 )as a beneficia" piece of socia" "egis"ation and in fixing the )ages under it* the consideration )as that )or'men shou"d receive their   proper share of the Cationa" income )hich the# he"p to produce

?. The appe""ant had not made out an# permissib"e ground to 5uash the impugned Eovernment order

The further part of the Act ta"'s about the authorities under the Act* their composition and  process of )or'ing The "ater $ections a"so en"ist the pena"ties for different offences under 

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16

CONCLUSION

This Act provides the )or'ers )ith a )eapon to defend themse"ves in case undue advantage of their services is sought to be ta'en b# the emp"o#ers ;t empo)ers the )or'men to demand for specia" a""o)ances in addition to the minimum )ages The fixation of minimum )ages for ever# sort of )or' ensures that a basic standard of "iving is enjo#ed b# the )or'ers and that the# are proper"# re)arded for their "abour

7o)ever* minimum )age provides not mere"# for the bare subsistence of "ife but for the  preservation of the efficienc# of the )or'er Therefore* provisions for some measure of 

education* medica" re5uirements and amenities are a"so enunciated in the Act The idea of  fixing such )ages in the "ight of cost of "iving at a particu"ar juncture of time and neutra"ising the rising prices of essentia" commodities b# "in'ing up sca"es of minimum )ages )ith the cost of "iving index cant* therefore* be said to be a"ien to the concept of minimum )age The concerned Act a"so provides for a fair procedure for determination of minimum )ages as )e"" as remedies that cou"d be sought in case the )or'ers are deprived of their much deserved minimum )ages This "egis"ation specifica""# aims at securing "ive"ihood for the uns'i""ed )or'ers )ho "ac' the abi"it# to raise a demand for their services or "abour

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17

This project has brought to "ight the need for fixing of such minimum )ages* the procedure for determination of minimum )ages for different industries* the reasons )hich the appropriate government ta'es into account before determination of minimum )ages as )e"" as the remedies avai"ab"e to the )or'men

BIBLIOGRAPHY

Boo3s +ee++e):

• (abour (a) H (abour =e"ations -<ases H Materia"s.* The !ndian *aw !nstitute

 )ublications* ,DD,

• ;ndustria" =e"ations H (abour (a)s , .1. rivastava, 7ikas )ublishing %ouse* ,DD? • (abour H ;ndustria" (a)* .5. Mishra, 1entral *aw )ublications, 9<<3

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