L.NAGESWARA RAO,J. - (1.) Civil Appeal No. 2539 of 2010 The Appellant filed a Writ Petition challenging the Notification dated 27.06.2007 issued under Section 5 (2) of the Minimum Wages Act, 1948 (hereinafter, "the Act"). The said Writ Petition was dismissed by the High Court. Aggrieved by the judgment of the High Court, the Appellant has approached this Court.
(2.) In exercise of the powers conferred by Section 5(2) of the Act, the Finance Commissioner and Principal Secretary to the Government of Haryana, Labour Department issued a Notification on 27.06.2007 fixing/revising the minimum rates of wages in respect of different scheduled employments as mentioned in the schedule therein with effect from 01.07.2007. The relevant provisions of the Notification dated 27.06.2007 are as under: Unskilled employees having 10 years' experience would be deemed categorized as semi-skilled "A". After 3 years of experience in semi-skilled "A", the employees would be deemed categorized as semiskilled "B". After 3 years of experience in skilled "A", the employees would be deemed categorized as skilled "B". xxx Note: 1. The minimum rates of wages being fixed/ revised are linked with Haryana State Working Consumer Price Index Number (base year 1972-73=100) with July 2007 as the base month. The rate of neutralization will be Rs. 2.31 per point on the rise or fall of the Consumer Price Index Number, adjustment in wages shall be made six monthly i.e. 1st January and 1st July, every year after taking into account the average rise or fall in the Haryana State Working Class Consumer Price Index Number half-yearly ending December and June respectively. 2. The minimum rates of wages being now fixed/ revised shall not be affected as a result of the linkage as much as the wages shall not fall below those being fixed/revised now. 3 The wages of apprentices appointed under the Apprentices Act, 1961 (52 of 1961), shall be regulated under the said Act. 4. There shall be no difference between the wages for men and women workers. 5. Where any of the above categories of workmen are engaged/ employed through a Contractor, the Occupier/ the Principal Employer shall be personally responsible for ensuring the payment of the minimum rates of wages by the Contractor. 6. If any category of workers employed in the employment is not mentioned specifically by name, he/she shall not be paid less than the minimum wages fixed for similar category having same skill. 7. While calculating the per day wages, the monthly wages shall be divided by 26 days but for deduction, if any, shall be calculated monthly wages divided by 30 days. 8. The categorization of employment in Brick Kiln is placed at Annexure-A. 9. Above rates are without food. Wherever food is given customarily, it shall be extra. 10. Trainees will be paid 75% of the wages applicable to the category but it will not be less than the Minimum Wages for an unskilled category of worker. The period of training will not be more than one year."
(3.) The above Appeal was taken up along with the other Writ Petitions which were filed for the same relief. Without a detailed discussion on the issues which arose in the Writ Petition, the High Court dismissed the Writ Petition by observing that the contention raised by the Petitioners relating to classification was misconceived and that the trainees would fall within the purview of the Act. Civil Appeal No. 4454 of 2019 (Arising out of Special Leave Petition (Civil) No. 5832 of 2018) Leave granted.;