Professional Documents
Culture Documents
Labour Law Project Topic - Minimum Wages Act-Constitutional Validity and New Aspect
Labour Law Project Topic - Minimum Wages Act-Constitutional Validity and New Aspect
1.) The minimum wages act up hails the ARTICLE 43 of the indian constitution, which
states that,
‘Living wage, etc, for workers The State shall endeavor to secure, by suitable legislation or
economic organisation or in any other way, to all workers, agricultural, industrial or otherwise,
work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of
leisure and social and cultural opportunities and, in particular, the State shall endeavor to
The spirit of the minimum wages act of India is relied in the soul on of the article 43 of
Indian constitution, which SADLY is enshrined in part IV of the constitution and hence is
non-enforceable by law.
2.) Another constitutional provision that the minimum wages act is said to defy is the
for providing a fixed minimum wage by the employers to the labours is a ‘BAR’ to their
But this question has been raised again and again in the honorable courts which have
dissented from this opinion and upheld the validity of minimum wages act.
Where the honorable court pointed out that the provision of 19(1g) is subject to
‘Nothing in sub clause (g) of the said clause shall affect the operation of any existing law
in so far as it imposes, or prevent the State from making any law imposing, in the
interests of the general public, reasonable restrictions on the exercise of the right
conferred by the said sub clause, and, in particular, nothing in the said sub clause shall
affect the operation of any existing law in so far as it relates to, or prevent the State from
(i) ……
(ii) ……’
Here in 19(6) the words, ‘the interest of general public’ creates a restriction on the
exercise of this right with respect to public order i.e to preserve public order, the right
can be curtailed.
It was held in this case that the fixation of minimum wages is for the preservation
3.) The ARTICLE 14 of the indian constitution, which relates to equality. Now , it must
be noted that minimum wages are not fixed in the nation. They vary from places
to places and region to region. This provision of the minimum wages act is
But this view is also put down by the courts throughout the nation .
It was held by the court that person would be liable to different minimum wages if
Hence the question of the difference of wages throughout nation is totally disregarded
by the courts.
It was held by the court that fixing different minimum wages for different locality is
Hence the question that any provision of the minimum wages act is in any way against
MALLIKARIUN KHARGE,
The variation of minimum wages between the States is due to differences in socio-
productivity and local conditions influencing the wage rate. The regional disparity in
minimum wages is also attributed to the fact that both the Central and State
Governments are the appropriate Government to fix, revise and enforce minimum wages
For the new aspects in the minimum wages act, we need to regard the
discussion in the present session of the parliament and the views forwarded
The Union Labour & Employment Minister Shri Mallikarjun Kharge has informed the
Rajya Sabha that the norms recommended by the Indian Labour Conference (ILC), held
in 1957 are taken into account while fixing the minimum wages. These are as follows: -
festivals/ceremonies, provision for old age, marriage etc. should constitute 25% of the
minimum wage and used as a guide in fixation of minimum wages. The State
Governments have been requested from time to time to keep the above norms and
The recently held 44th Indian Labour Conference, inter alia, discussed the issue of
amendment of the Minimum Wages Act and made certain recommendations for
States/UTs, etc.
A Conference Committee of the 44th session of ILC was constituted to discuss Agenda
Item No.(i) concerning Minimum Wages and related issues. These issues, inter alia,
1. There was broad consensus that the Government may fix minimum wages as per
the norms/ criteria recommended by the 15th ILC (1957) and the directions of the
Hon’ble Supreme Court (Reptakos& Co. Vs. its workers Union) 1992. The Government
2. It was suggested that the Minimum Wages Act should cover all employments and
the existing restriction for its applicability on the scheduled employments only should be
deleted. This will also help India ratify ILO Convention No.131.
3. It was broadly agreed that there should be national minimum wages applicable
4. It was pointed out that the payment to the apprentices should be treated
5. The Committee noted that at present there are 12 States/UTs who have not
adopted VDA. There was consensus that all States/UTs should adopt VDA.
6. It was also recommended that the payment of minimum wages should be done
7. It was felt that the enforcing agencies should not be given the power of
8. Regarding penal provision for violation of the Act, it was felt that imprisonment
clause under Section 22 and 22A is harsh to the employer and may be re-examined.
Further, it was felt that non-maintenance of registers should not attract imprisonment.