Federation of Okhla Industrial Association (Regd. ) vs Lt Governor of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(Del) 2337

GITA MITTAL, C.HARI SHANKAR
Federation of Okhla Industrial Association (Regd. ) – Appellant
Versus
Lt Governor of Delhi – Respondent

Advocates Appeared:
For the Petitioners Mr. Gaurav Bahl, Adv., Mr. S.K. Dubey and Mr. Rajmangal Kumar, Advs., Mr. Bhuvnesh Sehjal and Mr. Anubhav Bhasin, Advs., Mr. Dhruv Mehta, Sr. Adv. with Mr. Vipin Singhania, Adv., Mr. Vaibhav Arora, Adv., Mr. Sandeep Vishnu and Mr. Anil Kr. Gupta, Advs., Mr. Ankit Jain, Adv. with Mr. Sarvesh Rai, Adv., Mr. Dhruv Mehta, Sr. Adv. with Mr. Vikas Dutta, Mr. Siddharth Silwal and Ms Priyanka Nayyar, Advs., Mr. Puneet Saini and Mr. Kapil Hans, Advs., Mr. Harvinder Singh, Mr. K.K. Mukhija, Mr. Sandeep Sharma, Mr. S.C. Dhingra, Ms. Reeta Yagnik and Ms. Deepti Singh Sodhi, Advs., Mr. Neeraj Malhotra Sr. Adv. with Mr. Arijit Mazumdar, Adv., Mr. Ashok Agarwal and Ms. Slomita Rai, Advs., Mr. Rishi Agrawala and Ms. Niyati Kohli, Advs., Mr. Vivek Kishore, Adv., Ms. Fareha Ahmad Khan, Adv., Mr. Amit Seth, Adv., Mr. Alok Bhasin and Ms. Poonam Das, Advs., Mr. Vikram Dhokalia and Mr. Sahil Bakshi, Advs., Mr. Manu Bera, Adv.
For the Respondents Mr. Ramesh Singh, Standing Counsel with Mr. Sandeepan Pathak, Adv., Mr. Sanjay Ghose ASC for GNCTD with Mr. Rishabh Jaitley and Ms. Urvi Mohan, Advs., Mr. Santosh Kumar Tripathi, ASC for GNCTD., Mr. Devesh Singh, ASC (Civil) GNCTD with Ms. Neelam Kholiya, Adv., Mr. Siddharth Dutta, Adv.

JUDGMENT :

GITA MITTAL, J.

“The hurrier I go, the behinder I get”

-Lewis Caroll

1. This quote, from the classic literary work Alice in Wonderland from the year 1865, appropriately manifests the manner in which the hurried actions of the respondents would set back the entire work force of the city.

2. An attempt to constitute a Minimum Wage Advisory Committee by an order dated 12th April, 2016, had already disrupted the course of wage revision once. Alas, even though the revision is sorely needed, the hurried attempt again, inter alia failing to comport with binding the statutory requirements, without relevant material and contravening principles of Natural Justice has unfortunately disrupted this course, yet again.

3. This batch of writ petitions, lays a challenge to the constitutionality of the Notification bearing no. F-13(16)/MW/1/2008/Lab/1859 dated 15th September, 2016 issued by the Lt. Governor of Delhi in exercise of powers conferred by Section 5(1) of the Minimum Wages Act, 1948 (hereafter referred to as ‘the Act’). By this notification, the respondents re-constituted the Min

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2018 Supreme(Del) 2337

GITA MITTAL, C.HARI SHANKARFederation of Okhla Industrial Association (Regd. ) – AppellantVersusLt Governor of Delhi – Respondent

Cases Referred (65)

GITA MITTAL, C.HARI SHANKAR
Federation of Okhla Industrial Association (Regd. ) – Appellant
Versus
Lt Governor of Delhi – Respondent