K C KHANDELWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner, Shri K. C. Khandalwal, President, All India Auto and Miniature Bulbs and Components Manufacturers Association, has challenged Notification dated January 1, 1993 issued by respondent No. 1 in exercise of powers conferred by Clause (a) of sub-section (1) of section 3 read with sub-section (2) of section 5 of the Minimum Wages Act, 1948, in this writ petition under Article 226 of the Constitution of India.

(2.) THE Minimum Wages Act, 1948 (for brevity "the Act") was enacted to prevent exploitation of labour and for that purpose authorises the appropriate Government to take steps to prescribe minimum rates of wages in the schedule industries. In an under-developed country which faces the problem of unemployment on a very large scale, it is not unlikely that labour may offer to work even on starvation wages. The policy of the Act is to prevent the employment of such sweated labour in the interest of general public and so in prescribing the minimum wage rates, the capacity of the employer need not be considered. What is being prescribed is minimum wage rates which a welfare State assumes every employer must pay before he employs labour.

(3.) SECTION 3 of the Act enables the appropriate Government to fix the minimum rates of wages payable to employees employed in an employment specified in Part I or Part II of the Schedule and in an employment added to either part by notification under section 27. Section 27 contains the procedure for making additions to the schedule.