VIVEK RUSIA, GAJENDRA SINGH
Pithampur Audyogik Sangthan – Appellant
Versus
State of M. P. – Respondent
ORDER
Rusia, J. -- 1. This order shall govern the disposal of W.P. No.9401/2024, W.P.11921/2024 & W.P.12606/2024. The petitioners being industrial associations and charitable institutions have approached this Court under Article 226 of the Constitution of India to seek judicial intervention.
2. The petitioners are challenging the legality and validity of the impugned notifications issued by the Respondents notably the notification dated 4.3.2024 (Notification No. F 4(B)1/2014/A 16) and the subsequent notification dated 13.3.2024 issued by the State of Madhya Pradesh to revise the minimum wages applicable to various scheduled employments throughout the State under the Minimum Wages Act, 1948. The petitioners Pithampur Audyogik Sangthan representing industrial interests in Pithampur; the Association of Industries Madhya Pradesh representing various industrial units across the state; and Ujjain Charitable Trust Hospital & Research Centre representing charitable institutions to which the wage revisions apply.
3. Vide the impugned notifications minimum wages for the employees/workmen working in 68 scheduled employments have been revised @ 25% (approx.) after 10 years. The common grieva
The court upheld the validity of government notifications on minimum wage revisions, affirming compliance with procedural requirements under the Minimum Wages Act, 1948.
The court upheld the Government's authority to revise minimum wages under the Minimum Wages Act, emphasizing limited grounds for judicial review.
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The principles of natural justice require stakeholder participation in wage fixation processes, and failure to include employers renders the decision arbitrary.
Determination of minimum rates of wages – Once there was no mistake, same could not have been corrected in exercise of powers under Section 10 of Act, 1948.
The government’s discretion in fixing minimum wages under the Minimum Wages Act is legally valid and not subject to judicial review except on substantial grounds.
The validity of notifications fixing minimum wages is contingent on compliance with statutory procedures, particularly the issuance of preliminary notices and consultation with an Advisory Board, fai....
Point of Law : when a statute gives a right and provides a forum of adjudication of rights, remedy has to be sought only under the provisions of that Act and the performance of the rights has to be e....
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