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This is an archive article published on August 5, 2018

Delhi HC sets aside govt order revising minimum wages, calls it hurried attempt

Calling the Delhi government's decision "hurried" and one taken without hearing employers or employees, a bench of Acting Chief Gita Mittal and Justice C Hari Shankra said it is "in contravention of the principles of natural justice".

arvind kejriwal delhi court, pleas against arvind kejriwal, delhi chief minister, arvind kejriwal complaints, complaints against kejriwal We gave a big relief to poor labourers by increasing their wages. The court turned down our decision. We will formulate a strategy after reading the court order. We are committed to giving relief to the poor”,” said Delhi chief minister Arvind Kejriwal. (Express file photo)

The Delhi High Court Saturday quashed the Delhi government’s decision to revise minimum wages for all classes of employees in all scheduled employments, saying it appears the move was made from “non-application of mind” and was based on “no material”.

Calling the Delhi government’s decision “hurried” and one taken without hearing employers or employees, a bench of Acting Chief Gita Mittal and Justice C Hari Shankra said it is “in contravention of the principles of natural justice”.

The bench declared the notifications as invalid and quashed the Delhi government’s September 2016 order by which the Minimum Wages Advisory Committee for all scheduled employments was constituted.

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It quashed the March 2017 notification issued by the Delhi government revising minimum rates of wages for all classes of workmen/employees in all scheduled employments.

The court’s judgement came 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.

According to the notification, for an unskilled worker, the minimum wages were fixed at Rs 13,350 per month against the existing Rs 9,724 per month. For semi-skilled and skilled persons, it had increased from Rs 10,764 to Rs 14,698 and from Rs 11,830 to Rs 16,182 per month, respectively.

The HC, in its 218-page verdict, noted that though the revision of wages “is sorely needed”, the “hurried attempt” and “contravening principles of natural justice has unfortunately disrupted this course, yet again”. It also referred to a line from Alice in Wonderland: “The hurrier I go, the behinder I get.”

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“Given the detailed factual narrative, the law and the failure of the committee as well as the respondents to comport to the same, we have no manner of doubt that the exercise of power by the respondents (Delhi government) was not reasonable and was manifestly arbitrary. The same has to be struck down as violative of Article 14 of the Constitution,” the bench said.

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