Delhi high court on 4th August 2018 has quashed a notification fixing higher minimum wages for all scheduled unskilled, semi-skilled and skilled workers in National Capital Territory of Delhi on grounds that it was unconstitutional. Against this order, Delhi Government preferred an appeal before the Supreme Court. The Supreme Court in this matter on 31st October 2018 ordered that during the pendency of the appeal-
- the Minimum Wages fixed by the Delhi government as per notification dated 3rd March 2017 will remain in force till the Supreme Court decides the appeal.
- Arrears need not be paid but current wages will have to be paid as per the notification of 3rd March 2017. (Arrears for example- as per March 2017 notification, the minimum wages for unskilled labour was 13,350. But Minimum Wages notification (fixed as per Delhi High Court Order) effective from 5th August 2018, for unskilled labour minimum wage, is 10,270. So, as the Supreme Court again ordered to pay Minimum wages as per 2017 notification, who are paying minimum wages as per August rate, shall not be liable to pay arrears for this period.
- The Supreme Court also directed the Delhi government to re-do the exercise of fixing the minimum wages for the scheduled employment within 3 months in accordance with the Section 5(1)(a) or 5(1)(b) of the Minimum Wages Act, 1948.