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Revision On Minimum Wages (S.3 Of Wages Act)

The term 'Minimum wages' seems small but it covers the whole of India. Every state has to follow the rules set by the Act, 1948.

According to Section 3(1)(b), the 'appropriate Government' may review at such intervals as it may fit, such intervals not exceeding five years, and revise the minimum rate of wages, if necessary. This means that minimum wages can be revised earlier than five years also.

The code on wages,2019,put in the picture on 8 August 2019 and the accoutrement of the payment of Wages Act,1936,the Minimum wages Act,1948,the Payment of wages Act, 1965 and the Equal Remuneration Act,1976 have been vindicated and subsumed therein.

Revision of minimum wages

Simply the term wages states that a fixed regular payment earned for work or services, typically paid on a daily or weekly basis. As per S.3 of Wages Act, the "appropriate Government shall fix the minimum rates of wages." In N.M.Wadia Charitable Hospital vs. State of Maharashtra[1] that "fixing of Different minimum wages are allowed for different localities under the Constitution and Indian labour laws, hence the question whether any provision of the Minimum Wages Act is wrong against the provision of the Constitution."

The Constitution of India accepts the authority of the state to generate an economic system, in which every citizen gets employment and collect "fair pay". This made it obligatory to set clear standards for identifying fair pay.

Therefore, in its first session of November 1948, a Central Advisory Council arranged a Tripartite Committee on fair pay. The Committee is made up of employers, employees and Government representatives. Their job was to probe and produce on the subject of fair wages of labours.

The Indian Government has made certain for the employers to ensure their workers the standard of living, comfort, dignity, education, sanity, health, and provide for any contingency. The minimum wage not just defines the wage subsistence but also furnish the employees with the all the extent of amenity, medical requirements and also education. Also, the government has made it mandatory to provide the workers working in a factory with minimum wages. At last came the revision of minimum wages.

"Engineering Workers Union Vs.Union of India (1994),[2] The court held that "The provision under Section 3(2)(a), that the fixed rate of wages fixed or revised in the prescribed employment shall not apply to the employees during the period, has violated the equality clause of Article 14 and hence this section is void. ".

Revision of minimum wages under The code of wages, 2019

The code on wages,2019 chase to generalise the law on minimum wages in India by eliminating contrasting between scheduled and non-scheduled employment that has been central to the application of the minimum wages Act The code stipulates that the minimum wages fixed by the appropriate government shall not be less than floor wage.The said provision of the code of wages 2019 have not come into force.

India consist of 487 million workers and every workers belief on various labour laws prohibiting discriminating and child labour. The act direct to guarantee fair and human state of work provide social security, minimum wages, right to organise etc. It safeguard the workers from exploitations.

Therefore India is contemplate to be the extremely regulated and stringent labour laws countries in the world and when it comes to the the code of wages 2019 another dilemma associating with the implementation of the code will be the genesis of rules for all the labour codes by all the states in the country, which will be a formidable and time consuming task.

  1. The Code Of Wages,2019
  2. The Minimum Wages Act,1948
  • (1993) IIILLJ 541 Bom
  • 2000 VIIAD Delhi 1037, 89 (2001) DLT 529, 2000 (56) DRJ 851, (2001) ILLJ 1127 Del

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