Amendment status not verified — confirm the current text below against the official source.
Fixing of minimum rates of wages.— 1[(1)The appropriate Government shall, in the manner hereinafter provided,— 2[(a) fix the minimum rates of wages payable to employees employed in an employment specified in Part I or Part 11 of the Schedule and in an employment added to either Part by notification under section 27: Provided that the appropriate Government may, in respect of employees employed in an employment specified in Part II of the Schedule, instead of fixing minimum rates of wages under this clause for the whole State, fix such rates for a part of the State or for any specified class or classes of such employment in the whole State or part thereof;] (b) review at such intervals, as it may think fit, such intervals not exceeding five years, the minimum rates of wages so fixed and revise the minimum rates, if necessary: 3[Provided that where for any reason the appropriate Government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, nothing contained in this clause shall be deemed to prevent it from reviewing the minimum rates after the expiry of the said period of five years and revising them, if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the said period of five years shall continue in force.] (1A)Notwithstanding anything contained in sub-section (1), the appropriate Government may refrain from fixing minimum rates of wages in respect of any scheduled employment in which there are in the whole State less 1 Subs. by Act 26 of 1954, sec. 3, for sub-section (1) (w.e.f. 20-5-1954). 2 Subs. by Act 31 of 1961, sec. 2, for da use (.1) w.e.f. 28-8-1961) 3 Ins. by Act 30 of 1957, sec. 3 (w.e.f. 17-9-1957). than one thousand employees engaged in such employment, but if at any time, 1[***| the appropriate Government comes to a finding after such inquiry, as it may make or cause to be made in this behalf, that the number of employees in any scheduled employment in respect of which it has refrained from fixing minimum rates of wages has risen to one thousand or more, it shall fix minimum rates of wages payable to employees in such employment 2[as soon as may be after such finding].] (2) The appropriate Government may fix— (a) a minimum rate of wages for time work (hereinafter referred to as ‘a minimum time rate’); (b) a minimum rate of wages for piece work (hereinafter referred to as ‘a minimum piece rate’); (c) a minimum rate of remuneration to apply in the case of employees employed on piece work for the purpose of securing to such employees a minimum rate of wages on a time work basis (hereinafter referred to as ‘a guaranteed time rate’); (d) a minimum rate (whether a time rate or a piece rate) to apply in substitution for the minimum rate which would otherwise be applicable, in respect of overtime work done by employees (hereinafter referred to as ‘overtime rate’). 3[(2A) Where in respect of an industrial dispute relating to the rates of wages payable to any of the employees employed in a scheduled employment, any proceeding is pending before a Tribunal or National Tribunal under the Industrial Disputes Act, 1947 (14 of 1947) or before any like authority under any other law, for the time being in force, or an award made by any Tribunal, National Tribunal or such authority is in operation, and a notification fixing or revising the minimum rates of wages in respect of the scheduled employment is issued during the pendency of such proceeding or the operation of the award, then, notwithstanding anything contained in this Act, the minimum rates of wages so fixed or so revised shall not apply to those employees during the period in which the proceeding is pending and the award made therein is in operation or, as the case may 1 Certain words omitted by Act 31 of( 1961, see. 2 (w.e.f. 28-8-1961). 2 Subs, by Act 31 of 1961, sec. 2, for “within one year from the date on which it comes to such finding” (w.e.f. 28-8-1961). 3 Ins. by Act 31 of 1961, sec. 2 (w.e.f. 28-8-1961], 9(3) The Punjab Minimum Wages Rules, 1950 be, where the notification is issued during the period of operation of an award, during that period; and where such proceeding or award relates to the rates of wages payable to all the employees in the scheduled employment, no minimum rates of wages shall be fixed or revised in respect of that employment during the said period.] (3) In fixing or revising minimum rates of wages under this section,— (a) different minimum rates of wages may be fixed for— (i) different scheduled employments; (ii) different classes of work in the same scheduled employment; (iii) adults, adolescents, children and apprentices; (iv) different localities; 1[(b)minimum rates of wages may be fixed by any one or more of the following wage-periods, namely:— (i) by the hour, (ii) by the day, (iii) by the month, or (iv) by such other larger wage-period as may be prescribed, and where such rates are fixed by the day or by the month, the manner of calculating wages for a month or for a day, as the case may be, may be indicated:] Provided that where any wage-periods have been fixed under section 4 of the Payment of Wages Act, 1936 (4 of 1936), minimum wages shall be fixed in accordance therewith. (i) The Govt. cannot take shelter under proviso to sec, 3(1)(b) of the Act for postponing to issue the revised notification after five years. The Govt. cannot indefinitely postpone the issuance of revised notification fixing minimum wages. Definitely, the period of 13 years cannot be said to be reasonable period; President, Cinema Workers’ Union affiliated to Bhartiya Mazdoor Sangh v. Secretary, Social Welfare and Labour Department, 2005 LLR 648. (ii) Where a notification by itself does not intend to make any classification of workmen except classification for fixing minimum rates of wages for adult employees, it was held that such classification is permissible in law, and 1 Subs. by Act 30 of 1957, sec. 3, for clause (b) (w.e.f. 17-9-1957). Case Law accordingly such notification is not bad or invalid; Govind Bhawan Karyalaya v. State of U.P., 1998 LLR 287. (iii) The appropriate authorities should take into consideration the components such as children education allowance, medical requirements, minimum recreation, provision for old age and marriage, etc., which should be additional 25% of the total minimum wages; The Workmen v. Management of Reptakos Bret & Co. Ltd., 1992 LLR 1 (SC). (iv) The minimum wages must be paid by the employer notwithstanding the want of financial capacity; Woolcombers of India v. Workers Union, AIR 1973 SC 2758: 197,3 (27) FLR 38. (v) In order to make the wages realistic they must be commensurate with the price rise in essential commodities. The apology that the employer may be constrained to shut his business if minimum wages are to be paid is simply untenable; Hydro (Engineers) Put. Ltd. v. The Workmen, 1969 (18) FLR 189: (1969) 1 LLJ 713. (vi) Section 3 empowers the appropriate Government to fix the minimum rates of wages, thereby enabling the appropriate Government to alter the existing legal condition between the employer and employee which is not commensurate with the provisions of the Act; Bidi, Bidi Leaves and Tobacco Merchants Association v. State of Bombay, 1962 (4) FLR 71: (1961) II LLJ