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87. Article 43 of the Constitution outlines the State's commitment to
improve the welfare and well-being of workers, both in agricultural and
industrial sectors, and promote economic activities in rural areas,
particularly through cottage industries. The State is obligated to work
towards ensuring that all workers, regardless of whether they are engaged in
agriculture, industry, or other occupations, receive a "living wage." i.e., a
wage that is sufficient to cover the basic needs of a worker and their family,
ensuring a decent standard of living. Hence, the Article 43 entitles the
people of the nation to wage that not only covers their basic needs but also
includes in its ambit the other needs of the people.
30. Article 43 of the Constitution10 obliges the state to ensure
that all workers, industrial or otherwise, are provided with a
living wage and assured of a decent standard of living. In this
context, the need for providing a mechanism to neutralize price
increase, through dearness allowance has been emphasized, in
past decisions of this court. In Hindustan Lever Ltd. v. B.N.
Dongre11, the court explained that if pay packets are "frozen",
the purchasing power of the wage would shrink, and there
would be a fall in real wages, which needs to be neutralized.
The court also noted neutralization of wages, through dearness
allowance is on a "sliding scale" with those at the lowest wage
bracket, getting full neutralization and those in the highest
rungs being given the least of such allowance:
"Workers are therefore concerned with the purchasing
power of the pay-packet they receive for their toil. If the
rise in the pay-packet does not keep pace with the rise in
prices of essentials the purchasing power of the pay-
packet falls reducing the real wages leaving the workers
and their families worse off. Therefore, if on account of
inflation prices rise while the pay-packet remains frozen,
real wages will fall sharply. This is what happens in
periods of inflation. In order to prevent such a fall in real
wages different methods are adopted to provide for the
rise in prices. In the cost-of-living sliding scale systems
the basic wages are automatically adjusted to price
changes shown by the cost-of-living index. In this way the
purchasing power of workers' wages is maintained to the
extent possible and necessary. However, leap-frogging
must be avoided. This Court in Clerks & Depot Cashiers
of Calcutta Tramways Co. Ltd. v. Calcutta Tramways Co.
Ltd. [AIR 1957 SC 78], held that while awarding dearness
allowance cent per cent neutralisation of the price of cost
of living should be avoided to check inflationary trends.
That is why in Hindustan Times Ltd. v. Workmen [AIR
1963 SC 1332] Das Gupta, J. observed that the whole
purpose of granting dearness allowance to workmen being
to neutralise the portion of the increase in the cost of
living, it should ordinarily be on a sliding scale and
provide for an increase when the cost-of-living increases
and a decrease when it falls. The same principle was
reiterated in Bengal Chemical and Pharmaceutical Works
Ltd. v. Workmen [AIR 1969 SC 360] and Shri Chalthan
Vibhag Khand Udyog Sahakari Mandli Ltd. v. G.S. Barot,
Member, Industrial Court, Gujarat [(1979) 4 SCC 622]
and it was emphasised that normally full neutralisation is
not given except to the lowest class of employees and that
too on a sliding scale."