A Bench of Acting Chief Justice Gita Mittal and Justice C. Hari Shankar while quashing Aam Aadmi Party government`s, March 2017 notification revising minimum wages for all classes of workers in all scheduled employments on 4 th August, 2018 and observed as follows :-
FEDERATION OF OKHLA INDUSTRIAL ASSOCIATION (REGD.)
Vs.
LT GOVERNOR OF DELHI AND ANR
W.P.(C)–8125/2016
- The Notification bearing no. F-13(16)/MW/1/2008/Lab/ 1859 dated 15th September, 2016 issued by the respondents constituting the Minimum Wages Advisory Committee for all scheduled employments is ultra vires Section 5(1) and Section 9 of the Minimum Wages Act, 1948 and is hereby declared invalid and quashed.
-
The Notification bearing no. F.Addl.LC/Lab/MW/2016 dated 3rd of March 2017 issued by the respondents revising minimum rates of wages for all classes of workmen/employees in all scheduled employments is ultra vires Article 14 of the
Constitution of India; of Section 3 & Section 5(2) of the Minimum Wages Act, 1948, of Rule 20 of the Minimum Wages (Central) Rules; appears from non-application of mind, is based on no material and is in contravention of principles of Natural Justice and
is hereby declared invalid and quashed.
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