Supreme Court clears the road for Kejriwal Govt to hike minimum wages in Delhi [Read the Order]

Supreme Court has allowed the Derlhi Govt to proceed with the new notification for increase in the minimum wages in Delhi which will benefit several thousand workers.

A bench of Justice Lalit and Justice Bose has passed the order in the case titled as GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI vs FLT LT. RAJAN DHALL CHARITABLE TRUST on 14.10.2019.

In terms of Hon’ble Supreme Court order dated 31.10.2018, Labour Department opted for procedure for wage fixation/revision as provided u/s 5(1)(b) of the Minimum Wages Act, 1948.

Based on the average prices of food items and clothing component and other prescribed percentage of other components i.e. housing, light & fuel and Education/social obligation as laid down in ILC-1957 and upheld by Hon’ble Supreme court in civil appeal no.4336 of 1991 titles as The Workmen represented by Secretary Vs. The Management of Reptakos Brett & Co. Ltd. And Anr., proposed rates of minimum wages for different caegories of workers, supervisory and clerical staff have been worked out in respect of all scheduled employments in Delhi, wherein the minimum is at Rs.14842/- per month.

Mr. Dushyant Dave, learned Senior Advocate appearing for the petitioner submits that since the exercise has been undertaken under Section 5(1)(b) of the Act, the petitioner State be permitted to give effect to the notification in a manner known to law.

Supreme Court passed the direction as under:

"Having considered the rival submissions, we allow the petitioner State to take the Draft Notification, as stated above, to the logical conclusion and

direct that till said Notification comes into effect, the relationship shall be governed by and in terms of the Notification dated 03.03.2017 as directed in the order dated 31.10.2018.

Once the Notification is issued, the appropriate legal consequence and sequitur shall follow.

It goes without saying that if any person is aggrieved by the Notification, he shall be entitled to take recourse to legal remedies available in law.

The correctness of the decision of the High Court, which is presently under appeal shall be required to be considered. We, therefore, grant special leave to appeal".

Read the Order here:

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