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