LAKSHMI Vs. K. SARAVANAN

JUDGEMENT

(1.) The award dated 12.02.2019 passed in E.C.No.50 of 2018 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The question of law raised by the appellant is that the minimum wages notified by the State Government during the year 2013 was not followed while fixing the income for calculation of compensation. The Joint Commissioner of Labour fixed the monthly income of the workman is Rs.8,000/- which was notified by the Central Government during the year 2010. However, the minimum wages were not enhanced by the Central Government for long period. In between, the State Government revised the minimum wages and issued an order under the Minimum Wages Act fixing the minimum wages of workman as Rs.11,336.20/-. The beneficial fixation of minimum wages under the Minimum Wages Act is to be followed for calculation of compensation. In the present case, the minimum wages fixed by the Central Government in the year 2010 is adopted. Therefore, the appellant filed an appeal for enhancement of monthly income.

(3.) The issues regarding the fixation of monthly income in accordance with notification issued by the Central Government as well as the State Government are adjudicated by this Court in order dated 27.01.2021 passed in C.M.A.No.897 of 2018 and the relevant paragraphs are extracted hereunder: