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Delhi Gazette over Delhi Minimum Wages Supreme Court Order
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| Delhi Gazette over Delhi Minimum Wages Supreme Court Order |
Delhi Gazette
LABOUR DEPARTMENT NOTIFICATIONDelhi, the 22nd October, 2019No. F. 13(1)/2018/MW/Lab/3602.
Whereas the Hon’ble Supreme Court of India in SLP No. 26185- 26228/2018, in case titled as GNCT of Delhi Vs. Flt. Lt. Rajan Dhall Charitable Trust, vide its order dated 31.10.2018 has directed Labour Department to redo the exercise of fixing the minimum wages for the scheduled employment afresh following the route prescribed either under section 5(1)(a) or 5(1)(b) of the Minimum Wages Act, 1948;
AND whereas the Labour Department, GNCTD has opted for procedure for wages fixation/revision as provided under section 5(1)(b) of Minimum Wages Act, 1948 and a Price Collection Committee of 04 Officers namely Sh. Lallan Singh, Joint Labour Commissioner, Sh. Amardeep, Assistant Labour Commissioner, Sh. Shashi Bhusan, Labour Officer and Sh. Manish Kumar Thakur, Inspecting Officer was constituted vide order dated F.140/Addl.LC/Lab/Action/CWP-8125/2018/273 dated 06.11.2018;
AND whereas, the said committee carried out market survey on 10.11.2018 and obtained prices of food items as laid down by National Institute of Nutrition (NIN)-Hydrabad from Kendriya Bhandar, Safal and Mother Dairy and also obtained cost of clothing component from Khadi Gram Udyog;
AND whereas, based on the averages price of food items and clothing component and other prescribed
percentage of components like housing, light and fuel, children education, medical treatment, minimum recreation and
social obligation as mentioned in judgment dated 31.10.1991 of Hon’ble Supreme Court in civil appeal No. 4336 of
1991 titled as The Workmen represented by Secretary Vs. The Management of Reptakos Brett & Co. Ltd. and anr., the
proposed rates of minimum wages were uploaded on the website of Labour Department on 12.11.2018 and published in
various newspapers in English, Hindi, Punjabi and Urdu on 13.11.2018 and 14.11.2018, seeking
suggestions/views/inputs from public including workers, trade Unions, Employers associations, market associations,
various chambers of Commerce, NGOs and members of Civic society within a period of 2 months starting from
12.11.2018 up to 11.01.2019;
AND whereas, suggestions/views/inputs so received from the workers, trade unions, employers associations
were placed before the Minimum Wages Advisory Board constituted under section 7 of Minimum Wages Act, 1948
vide notification No. F.13(1)/2018/MW/Lab/50 dated. 09.01.2019 for deliberations;
AND whereas, the Minimum Wages Advisory Board has recommended that the proposed minimum rates of
wages as uploaded on the website of Labour Department on 12.11.2018 and published in various newspapers on
13.11.2018 and 14.11.2018 may be adopted;
Now, therefore, in exercise of powers conferred by sub-section (2) of section 5 of the Minimum Wages Act,
1948 (XI of 1948) read with the Government of India, erstwhile Ministry of States notification No. 104-J dated the
24th August, 1950 and Ministry of Home Affairs (Notification No. S.O. 530, dated the 6th February, 1967 and all others
powers enabling him in this behalf and in continuation of notification No. F.12(1)142/11/MW/Lab 2023-2047 dated
the 26th July, 2011, the Lt. Governor of the National Capital Territory of Delhi, after considering the recommendations
of the Minimum Wages Advisory Board to revise, the minimum rates of wages for the class of workmen/employees
mentioned in all the Schedule employments as mentioned in earlier notification No. F.12(1)142/11/MW/Lab/2023-
2047 dated 26th July, in the National Capital Territory of Delhi, namely:-
These rates shall come into force with effect from the date of notification in the Official Gazette.
Note :
- The minimum rates of wages being fixed are linked with all India Consumer Price Index Series, 2001 (Base 2001=100). For Dearness Allowances neutralization, the rate of adjustment shall be Rs. 1.35 per point for Unskilled, Rs. 1.50 per point for Semi Skilled, Rs. 1.65 per point for Skilled, Rs. 1.50 per point for Non matriculates, Rs. 1.65 per point for Matriculates but not Graduate and Rs. 1.80 per point for Graduate and above. Adjustment will be made six monthly, i.e, on 1st April and 1st October each year after taking into account the average index numbers for July to December of the prevision years and January to June of the current year respectively.
- In case, there is decline in All India Consumer Price Index, as a result of which dearness allowance apparently decreases, in that case there shall be no impact on notified, applicable minimum rates of wages for different category of workmen/employees.
- Amount of Dearness Allowances in fraction, if any, would be rounded off to the next higher rupee.
By Order and in the Name of the Lieutenant Governor
of the National Capital Territory of Delhi,
Dr. RAJENDER DHAR, Addl. Secy. (Labour)
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