Amendment status not verified — confirm the current text below against the official source.
(vii)Employer’s capacity to pay is no bearing in fixing the minimum wages of the employees. Such consideration is antilogs to the principles enshrined within the Constitution of India; Unichoyi (U) v. State of Kerala, 1961 (3) FLR 73: (1961) 1 LL] 631. (viii)The Act does not confer any power on the government to insist that an employer employing workers on time rate should pay them at piece-rates. Neither the government has any power to issue any notification on the basis of section 3 to make such metamorphosis of payment; Abraham v. Industrial Tribunal, (1961) II LLJ 556. (ix) Cost of living index is not a strict basis for fixing the rates of minimum wages and if not strictly adhered to, it does not constitute a breach of statutory duty; Bhikusa Yamasakshatriya v. Sanagmanes Akola Paluka Bidi Kamgar Union, AIR 1960 Bom 299: (1959) II LLJ 578.