Mimnimum wages
praveen kumar
(Querist) 11 March 2015
This query is : Resolved
when analyzing adherence to Minimum Wages as per govt notifications, what amount should be compared with statutory notification - the basic and vda component or the gross salary. Illustrative Case:: a security guard is paid 5000 as basic + da and 3000 as other allowances = gross 8000. the relevant Minimum wages for Security guard of that category and region as notified by CLC is 5200 (Basic + VDA). Is the payment being made to the security personnel in violation of Minimum wages Act.
thanks & regards
dr g balakrishnan
(Expert) 11 March 2015
minimum wages act does not correctly define what is a minimum wages...that way is the half hearted legislation ...though statutory but yet the act itself is ambiguous.
you need to move writ under art 226 in a jurisdictional high court to review the very Act..to settle the issue what is the correct minimum wage?
Kumar Doab
(Expert) 11 March 2015
You had sent PM and it was replied.
The reply is being restricted to Basic+VDA alone.
Pay Basic+VDA as Rs.5200/ and show it in salary slip as well,and comply to the notification issued by CLC.
Dr J C Vashista
(Expert) 12 March 2015
Dear Parveen Kumar,
Whether the security guard is government / PSU/private or contract employee?
Minimum wages include all allowances and lump sum payment which do not provide for different components of wages to be paid to an employee/workman. Please read the preamble of the Act.
praveen kumar
(Querist) 18 March 2015
Thanks to the experts for valuable suggestions.
The gaurds are employed in a PSU through a contractor.
Additionally i have also referred to Airfreight Ltd vs State of Karnataka, 1999.
regards
Praveen Kr.
