PAWAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER is working as Carpenter Grade-I. The State Government had taken a conscious decision on 7th March, 1995 whereby the minimum wages at the rate of Rs.83.25 per day was fixed for the category of Carpenters Grade-I. However, the Labour Department vide Notification dated 6th November, 1996 under the Minimum Wages Act has fixed the minimum wages for the category of Carpenter Grade-I at Rs.63.47 per day with effect from 1st March, 1996. The underlined principle under the Minimum Wages Act is that no employer shall pay to the workman less than minimum wages prescribed. However, in the present case, the State has already decided to give higher wages of Rs.83.25 per day to the category of Carpenters Grade-I vide Notification dated 7th March, 1995. The issuance of subsequent Notification by the Department of Labour on 6th November, 1996 under the minimum Wages Act cannot dilute the notification issued prior in time. Rather, Notification dated 7th March, 1995 was never withdrawn by the State Government.

(2.) ACCORDINGLY, the petition is allowed. Annexures A-1 and A-2 dated 6.11.1996 and 22.1.1997 respectively are quashed and set aside. The respondents are directed to pay the minimum wages at the rate of Rs.83.25 per day to the petitioner on the basis of Notification dated 7th March, 1995 with effect from 1st April, 1997 onwards. No costs.