HC to employers: do not recover revised wages from workers

Clarifies verdict quashing order on revised minimum wages

Clarifying its August 4 judgment quashing the city government’s March 2017 order revising the minimum wages for all classes of workmen in scheduled employment, the Delhi High Court on Monday directed the employers not to recover from employees the revised wages.

‘Important implication’

A Bench of Acting Chief Justice Gita Mittal and Justice C. Hari Shankar issued the direction, saying an important implication of its August 4 judgment escaped their attention. “We are of the view that wages dispersed shall not be recoverable from employees to whom it has been paid,” the Bench said.

In its August 4 verdict, the court had quashed the Delhi government’s March 2017 order, saying the hurried decision was taken without hearing the employers or employees who would be affected and was violative of the Constitution.

In its 218-page verdict, the Bench had also set aside a September 2016 notification by which a Minimum Wages Advisory Committee for all scheduled employments was set up, saying that its constitution was “completely flawed”.

The court had noted that though the revision of wages was “sorely needed”, the “hurried attempt” and “contravening principles of natural justice had unfortunately disrupted this course, yet again”.

It, however, had said the fixation of minimum wages in Delhi could not be faulted simply because they were higher than the rates of minimum wages fixed in the surrounding States and towns.

The court’s verdict had come on the pleas by employers — associations of traders, petrol dealers and restaurants — who had sought setting aside of the March 3, 2017 notification revising the minimum wages, saying they were not represented or heard by the advisory committee.

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Printable version | Apr 3, 2020 2:03:54 AM |

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