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2017 Supreme(P&H) 2036

IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
Hon’ble Mr. Justice Rajesh Bindal
Hon’ble Mr. Justice Harinder Singh Sidhu
CWP No.25328 of 2015 O&M)
Gurgaon Industrial Association & Anr.
v.
State of Haryana
{Decided on 18/08/2017}

For the Petitioners:Mr.Kanwaljit Singh, Sr. Advocate with Ms.Vikrant Pamboo; Mr.Ashwani Talwar & Mr.P.K.Mutneja, Advocates
For the Respondent:Mr. Ankur Mittal, Addl. Advocate General, Haryana

Minimum Wages--Inclusion of Domestic Worker and Safai Karamchari in the list of scheduled employment without further reference to any employment is incomplete--Impugned entry set aside.

Headnote:Minimum Wages Act, 1948, S.4--Scheduled Employments--Notification of 2015--Held;

       (i) Minimum wages have been fixed as “all inclusive” is legal and valid for providing for six monthly adjournment of wages;

       (ii) Provision of 100% neutralization of the rise and fall of consumer price index is legal and valid;

       (iii) Non Permitting of segregation of wages into components in the form of allowances is legal and valid;

       (iv) Trainees to be paid 75% of wages applicable and period of training shall not be more than one year;

       (v) Categorization of unskilled workers as semi-skilled and skilled ‘A’ as skilled ‘B’ based on their experience is justified.

       (vi) Inclusion of Domestic Worker and Safai Karamchari in the list of scheduled employment without further reference to any employment is incomplete--Impugned entry set aside--However, it would be open for State to rectify the omission. (Para 48)

       

JUDGMENT

Mr. Harinder Singh Sidhu, J.:- This order will dispose of five writ petitions i.e. CWP Nos.25328, 25517, 27473 of 2015, 2324, 2383 of 2016, as the issue involved therein is common.

2. In all these petitions, the petitioners have impugned certain provisions of the notification dated 21.10.2015 of the Haryana Government, Labour Department. Vide this notification issued in exercise of the powers conferred by sub-section(2) of Section 5 of the Minimum Wages Act, 1948 (for short Rs.the Act’), the State of Haryana has revised the minimum wages (all inclusive) in respect of different Scheduled Employments mentioned therein w.e.f. 01.11.2015. Before this, the wages were fixed/revised by the Haryana Government, Labour Department notification dated 27.06.2007.

3. Ld. Counsel for petitioners in all these cases state that they have no objection to the revision of wages, but are only aggrieved of certain other provisions of this notification.

The relevant parts of the notification is extracted below:

“HARYANA GOVERNMENT

LABOUR DEPARTMENT

Notification

The 21st October, 2015

No.3/42/83-3 Lab.— In exercise of the powers conferred by Sub-Section (2) of Section 5 of the Minimum Wages Act, 1948 (Act XI of 1948), the Governor of Haryana after considering the objections / suggestions received in response and after consultation with the State Minimum Wages Advisory Board, Haryana with reference to Haryana Government, Labour Department notification No.3/42/2014-3 Lab, dated 14th August, 2014, hereby fixes / revises the minimum rates of wages (all inclusive) in respect of different scheduled employments as mentioned in the schedules given below with effect from the 1st November, 2015, in the State of Haryana, which were previously fixed/revised vide Haryana Government, Labour Department, Notification No.3/42/83-3 Lab dated the 27th June, 2007.

SCHEDULE

Sr. No.

Name of Scheduled Employments

1.

2

1.

Agricultural implements, Machine Tools and General Engineering including Cycle and Electrical Goods Industry

2.

Cinema Industry

3.

Saw Mill and Timber Trade Industry

4.

Cotton Ginning and Pressing Industry

5.

Textile Industry

6.

Glass Industry

7.

Public Motor Transport

8.

Tanneries and Leather Manufacturing

9.

Rice Mills, Floor Mills and Dal Mills

10.

Rubber Industry

11.

Local Authorities

12.

Operation of Tubewell Industry

13.

Woollen Carpet making or shawl weaving establishment run on powerloom or handloom

14.

Shops and Commercial Establishments

15.

Tailoring, Stitching and Embroidery Establishments

16.

Public Works Departments, Irrigation

17.

Oil Mills

18.

Manufacturing of Khandsari, Gur and Shakkar

19.

Private printing presses

20.

(i) Non ferrous Metal Rolling and Re-rolling Industry

 

(ii) Brass, Copper and Aluminium Utensils making Industry

21.

Scientific Industry

22.

Chemical and Distillery Industry

23.

Contract or Establishments of Forest Department

24.

Electroplating using salts or chromium nickel or any other compound and connected buffing and polishing Industry

25.

Ferrous Metal Rolling and Re-rolling Industry

26.

(i) Constructions crushing and Maintenance of Roads and Building operation Stone breaking and Stone

 

(ii) Public Works Department, Public Health

27.

Ayurvedic and Unani Pharmaceuticals

28.

Potteries, ceramics and refractory Industry

 

Xxx  xxx    xxx

46.

Electronics and allied or incidental Industries

47.

Plastic Industries

48.

Brick Kiln














































































































































































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