August 5,2018:
On Saturday, Delhi HC quashed Delhi Govt's much-touted March 2017 Order revising the Minimum Wages for all the classes of Workmen in Scheduled Employment.
HC Bench expounded that "Hurried" decision was taken without hearing the employers or employees who would be affected and was violative of Constitution.
HC Bench comprising of Acting Chief Justice Gita Mittal and Justice C Hari Shankar also proceeded to set aside a September 2016 notification by which a Minimum Wages Advisory Committee for all Scheduled Employments was set up, stating that its Constitution was "completely flawed".
High Court pointed out that though Revision of Wages "is sorely needed", the "hurried attempt" and "contravening principles of natural justice has unfortunately disrupted this course, yet again".
Bench referred to a line from Alice in Wonderland by Lewis Carrol,'The hurrier I go, the behinder I get'.
High Court, however, added that Fixation of Minimum Wages in Delhi cannot be faulted simply because they are higher than the rates of minimum wages fixed in surrounding states and towns.
"Flawed" Committee" gave a report which was not based on relevant material, denied fair representation to the employers as well as the employees, in fact without any effort even to gather relevant material and information.
Government of Delhi decision based on such advice in violation of express statutory provision and principles of natural justice as well as to the prejudice of employers as well as employees is unsustainable.
Delhi High Court Bench thus concluded that,"Given the detailed factual narrative, the law and the failure of the Committee as well as the respondents to comport to the same, we have no manner of doubt that the exercise of power by the respondents (Delhi government) was not reasonable and was manifestly arbitrary. The same has to be struck down as violative of Article 14 of the Constitution of India".
HC's judgment came on Pleas by employers Associations of Traders, Petrol dealers and Restaurants who had sought setting aside of the March 3, 2017 notification revising the minimum wages stating that they were not represented or heard by the Advisory Committee.
According to the March 3, 2017 Notification, for an unskilled worker the minimum wages were fixed at Rs 13,350 per month against the then existing Rs 9,724 per month. For Semi-Skilled and Skilled persons, it had increased from Rs 10,764 to Rs 14,698 and from Rs 11,830 to Rs 16,182 per month, respectively.
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