Rajasthan High Court - Jaipur
G4S Secure Solutions (India) Pvt. Ltd vs State Of Rajasthan on 5 November, 2020
Bench: Sabina, Prakash Gupta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil Writ Petition No. 9751/2020
G4S Secure Solutions (India) Pvt. Ltd, Through Deepak Sharma,
General Counsel, Tower A, Fifth Floor, Unitech World (Cyber
Park), Sector 39, Gurgaon-122001 (Haryana) India.
----Petitioner
Versus
1. State of Rajasthan, Through Principal Secretary, Labour
and Employment, Government of Rajasthan, Secretariat,
Jaipur.
2. Additional Labour Commissioner and Joint Secretary,
Government of Rajasthan, Shram Bhawan, Shanti Nagar,
Khatipura Road, Hasanpura, Jaipur.
----Respondents
For Petitioner : Mr. Sunil Kumar Singh Advocate. For Respondents : MR. C. L. Saini, Additional Advocate General through Video Conferencing.
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE PRAKASH GUPTA Order 05/11/2020 Petitioner has filed the petition under Article 226 of the Constitution of India challenging Notification No. 15744 dated 19.08.2020.
Learned counsel for the petitioner has submitted that the minimum wages have been revised vide impugned notification dated 19.08.2020 with effect from 01.05.2019. Minimum wages could not have been revised retrospectively. This has caused great hardship to the petitioner.
Learned State Counsel, on the other hand, has opposed the petition and has submitted that vide notification dated (Downloaded on 07/11/2020 at 09:32:49 PM) (2 of 3) [CW-9751/2020] 06.03.2019, objections were invited with regard to revision of minimum wages with effect from 01.05.2019. Thereafter, all the objections moved by the aggrieved parties were considered and impugned notification dated 19.08.2020 was issued. Minimum wages were made applicable with effect from 01.05.2019.
Section 5 of the Minimum Wages Act, 1948 reads as under:
"5. Procedure for fixing and revising minimum wages.-(1) In fixing minimum rates of wages in respect of any scheduled employment for the first time under this Act or in revising minimum rates of wages so fixed, the appropriate Government shall either-
(a) appoint as many committees and sub-
committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case may be, or
(b) by notification in the Official Gazette, publish its proposals for the information of persons likely to be affect thereby and specify a date, not less than two months from the date of the notification, on which the proposals will be taken into consideration. (2) After considering the advice of the committee or committees appointed under clause (a) of sub- section (1), or as the case may be, all representations received by it before the date specified in the notification under clause (b) of that sub-section, the appropriate Government shall, by notification in the Official Gazette, fix, or, as the case may be, revise the minimum rates of wages in respect of each scheduled employment, and unless such notification otherwise provides, it shall come into force on the expiry of three months from the date of its issue:
Provided that where the appropriate Government proposes to revise the minimum rates of wages by the mode specified in clause (b) of sub-section (1), the appropriate Government shall consult the Advisory Board also."
Thus, as per the above provision, minimum wages can be revised after following due procedure. The State has the power to notify the date from which minimum wages would become effective and in case it is not so stated then the revised rates of (Downloaded on 07/11/2020 at 09:32:49 PM) (3 of 3) [CW-9751/2020] minimum wages become effective on the expiry of three months from the date of issue of the notification.
In the present case, notification dated 06.03.2019 was issued inviting objections with regard to revision of minimum wages with effect from 01.05.2019. Thereafter, the impugned notification was issued on 19.08.2020 and the minimum wages were made applicable with effect from 01.05.2019. Thus, the State, while exercising the powers vested in it, has revised the minimum wages with effect from 01.05.2019.
As per the reply submitted by the respondents, on earlier occasions also, minimum wages were being revised retrospectively while issuing final notification.
In the facts and circumstances of the present case, no ground for interference is made out.
Dismissed.
(PRAKASH GUPTA),J (SABINA),J
MANOJ NARWANI /97
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