Minimum Wages Act, 1948

The Supreme Court examined whether race clubs such as the Bangalore Turf Club and the Royal Western India Turf Club, as well as a chit fund, fall within the definition of "shop" under the Employees' State Insurance Act, 1948 (ESI Act) and the related notifications. The Court held that a race club is an "establishment" …

The Union of India introduced a Family Welfare Scheme employing Voluntary Female Attendants on a modest honorarium. Several attendants filed writ petitions seeking parity of pay with regular "Ward Girls" (Rs. 900‑1435 per month). The Gauhati High Court directed the State of Assam to pay the minimum of that scale. The U…

The appellant, Dayle De’Souza, a director of Writer Safeguard Pvt. Ltd., was served with a notice and later a criminal complaint under Section 22A of the Minimum Wages Act, 1948 for alleged non‑compliance at an ATM site, although the company itself was not named as an accused. The High Court dismissed his petition unde…

The State of Haryana issued notifications under Section 5(2) of the Minimum Wages Act, 1948 fixing and revising minimum rates of wages, including provisions that classified unskilled workers as semi‑skilled after a certain period of experience, prohibited segregation of wages into allowances, included security staff as…

The Supreme Court considered the claim of a five‑year‑old child who became a paraplegic after a road accident in 2010. The Motor Accident Claims Tribunal awarded Rs 18,24,000, which the Karnataka High Court reduced to Rs 13,46,805. On appeal, the Court examined the method of calculating compensation under the Motor Veh…

The appellants, manufacturers of pharmaceutical products, dismissed several medical representatives and the employees sought relief from the appellate authority under the Andhra Pradesh Shops and Establishments Act, 1988. The employers contended that the Sales Promotion Employees (Conditions of Service) Act, 1976, bein…

The Minimum Wages Inspector filed applications before the Minimum Wages Authority seeking overtime wages for four tube‑well operators employed by Taluka and District Panchayats in Gujarat, alleging that they worked beyond the hours prescribed under the Minimum Wages Act, 1948. The Authority dismissed the applications, …

The appellant, employed as a salesman by a registered cooperative society, challenged his termination and filed proceedings under the Payment of Wages Act, 1963 and the Uttar Pradesh Industrial Disputes Act, 1947. The parties later reached a settlement, and an award dated 9‑12‑1988 was passed, conditioned on the appell…

The petitioners were daily‑wage workers in the Himachal Pradesh Irrigation and Public Works Department who had served for more than ten years. A betterment scheme, modified by the Supreme Court in the Moo Raj Upadhyaya case, provided that such workers completing ten years of continuous service as of 31 December 1993 wo…

The Gujarat Transport Department floated a tender for manpower services with conditions that the salary paid must not be less than the minimum wage and that bids must be fixed, not open‑ended. Three bidders qualified; the Technical Evaluation Committee fixed a minimum‑wage figure of Rs 3,00,92,346, rendering the bids o…

The Supreme Court examined whether prisoners sentenced to rigorous imprisonment may be compelled to perform hard labour without consent and what wages they are entitled to under Article 23 of the Constitution. It held that such labour is lawful as it serves a public purpose of reform and rehabilitation, but prisoners m…

The Supreme Court examined whether, under Section 17(iii)(b) of the Uttar Pradesh Agricultural Produce Market Act, a purchasing trader remains liable to pay the market fee when the selling trader does not collect it. The dispute arose from a sale of specified agricultural produce between two traders. The Court held tha…

The Supreme Court considered appeals filed by Dena Nath and others against National Fertilizers Ltd. The issue was whether failure by a principal employer to obtain registration under Section 7 of the Contract Labour (Regulation and Abolition) Act, 1970, or by a contractor to obtain a licence under Section 12, would ca…

The petitioner, on behalf of workmen employed on two ferries operating at Bhagalpur and Sultanganj, alleged that they were not paid the minimum wages prescribed under the Minimum Wages Act, 1948. The key question was whether the ferries qualified as "establishments" within the meaning of the amended Entry 27 of the Act…

The Rajasthan Public Works Department employed workers from a drought‑stricken area to construct the Madanganj Harmara Road as famine relief, paying wages based on a work‑norm such that workers whose gangs failed to meet the norm received less than the statutory minimum wage of Rs.7 per day. The petitioners challenged …

The Kerala State Electricity Board entered into a contract with contractor Kurien E. Kalathil for dam construction. After a 1983 government notification raised minimum wages, the Board paid labour‑escalation amounts to the contractor until December 1984, but stopped payments from January 1985, claiming the notification…

The appellant, a father, lost his five‑year‑old son when a tanker struck the boy as they walked to school on a road that had no footpath or pedestrian crossing. The father filed a claim for Rs 25,00,000 before the Motor Accident Claims Tribunal, which awarded Rs 7,82,000 with interest; the High Court later reduced the …

The Supreme Court examined a large group of contempt petitions filed by newspaper establishments alleging that they had failed to implement the Majithia Wage Board Award, which had been upheld by the Court in a 2014 judgment. The petitioners claimed wilful disobedience of the award, seeking civil contempt under Section…

The Union of India contracted with M/s Varindera Constructions for residential construction, incorporating Clause 19 (no escalation reimbursement) and Clause 6.3 (no claim for excess wages) in the agreement. During performance, the Haryana government raised the minimum wages, and the contractor sought reimbursement for…

The Supreme Court heard a writ petition filed by the National Campaign Committee for Central Legislation on Construction Labour (NCC‑CL) seeking effective implementation of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCW Act) and the Building and Other Co…

Skilled workers at the Western Base Workshop, GREF, Pathankot alleged that they were paid less than the minimum wages prescribed under the Minimum Wages Act, 1948. They filed applications under Section 20(3) of the Act, and the Specified Authority ordered the Union of India to pay each worker the wage shortfall of Rs.4…

The People's Union for Democratic Rights filed a public‑interest writ petition alleging that contractors engaged in the construction of Asian Games projects in Delhi were violating multiple labour statutes, including the Minimum Wages Act, Equal Remuneration Act, Contract Labour (Regulation and Abolition) Act, Employme…

The appellants, directors of Morvi Vegetable Products Ltd., were convicted under Section 22A of the Minimum Wages Act for failing to maintain wage registers and related documents. They contended that their plant, which manufactured vanaspati (hydrogenated vegetable oil), was not an "oil mill" and therefore fell outside…

The appellant, Jakir Hussein, a professional driver, suffered grievous injuries to his right arm in a collision caused by the negligent driving of Sabir, rendering him permanently disabled and unable to earn a livelihood as a driver. The claim petition under Section 166 of the Motor Vehicles Act, 1988 sought compensati…

The BHEL Workers' Association and other petitioners alleged that about a thousand contract labourers in the BHEL plant at Hardwar were paid lower wages and denied the same conditions of service as directly employed workers, seeking a declaration under Article 32 that the contract labour system was illegal and that they…

The petition, filed by a social welfare organisation, alleged that thousands of migrant workers in stone quarries and crushers in Faridabad were subjected to inhuman conditions, forced labour and bondage, violating their fundamental rights under Articles 21 and 23 of the Constitution. The Court treated the letter addre…

The Union of India, under the Minimum Wages Act, 1948, fixed minimum wages for workers in gypsum, barytes, bauxite and manganese mines based on the advice of a Committee appointed under sections 5(1)(a) and 9 of the Act. Mine owners challenged the notification, contending that the Committee was invalid because governme…

The employer, M/s. Creative Garments Ltd., appealed against a Labour Court award that reinstated employee Kashiram Verma with back wages. The employee never reported for duty despite multiple communications, and his permanent address was never furnished; only a "care of Union" address was provided. The Supreme Court fo…

Tarapore & Co. entered into a contract with the State of Madhya Pradesh for the construction of a masonry dam, which required the contractor to pay not less than "fair wages" and to observe labour laws without any claim against the Irrigation Department. After the State revised minimum wages, the contractor paid the hi…

The Public Union for Civil Liberties filed a public‑interest writ petition seeking enforcement of the Bonded Labour System (Abolition) Act, 1976 and the rehabilitation of freed bonded labourers. The Supreme Court examined the persistent non‑compliance of several states and Union Territories with earlier court direction…

The dispute concerned awards made by an arbitrator (umpire) under a contract for the construction of the Nagarjunasagar Dam. The arbitrator awarded several claims, some of which were not supported by the contract (escalation for napa‑slabs, extra lead for water, flattening of canal slopes) while others (labour escalati…

The appellants, former employees of the Army School, Jalandhar, claimed that the school had failed to pay the minimum wages fixed by the State Government and filed an application under Section 20(2) of the Minimum Wages Act, 1948. The Authority initially granted relief, but the Punjab & Haryana High Court set aside tha…

A teacher employed by a municipal school sought gratuity under the Payment of Gratuity Act, 1972, but the Gujarat High Court held that teachers are not "employees" within the meaning of section 2(e) and dismissed the claim. The Ahmedabad Private Primary Teachers' Association appealed, arguing that the definition of emp…

The Supreme Court examined challenges by private employers, including Ficus Pax Private Ltd., to central and state orders issued under the Disaster Management Act, 2005 that compelled private establishments to pay full wages to all workers during the COVID‑19 lockdown. The petitioners argued that the orders were ultra‑…

The Haryana Unrecognised Schools Association challenged a Haryana Government notification that added "Employment in private coaching classes, schools including Nursery Schools and technical institutions" to the Schedule of the Minimum Wages Act, 1948 and fixed minimum wages for teachers. The Punjab & Haryana High Court…

The Union of India moved several transfer petitions under Article 139A of the Constitution seeking to shift more than 140 writ petitions, pending in 18 High Courts, that challenge the constitutional validity of the Payment of Bonus (Amendment) Act, 2015. The petitions argued that the amendments – which raised salary th…

The Supreme Court entertained a public‑interest writ petition filed by P. Sivaswamy after a social organisation’s letter alleged widespread bonded labour in stone quarries of Andhra Pradesh. The Court directed the State of Andhra Pradesh and the concerned states of Tamil Nadu, Karnataka and Orissa to identify, release …

The State of Goa issued a notification on 23/24 May 2016 fixing minimum wages, including a basic rate and a special allowance, after consulting the Minimum Wage Advisory Board and following the procedure prescribed under Sections 4 and 5 of the Minimum Wages Act, 1948. Subsequently, an Errata Notification dated 14 July…

The appellants, members of the West Bengal Home Guards, claimed that they were in the service of the State, performed duties akin to police constables and were therefore entitled to regularisation and pay parity with police personnel. The State and the Union of India contended that Home Guards are volunteers who receiv…

The State of Kerala constituted a Private Hospital Industrial Relations Committee under Section 9 of the Minimum Wages Act, 1948 to revise minimum wages for employees of private hospitals and allied institutions. The committee comprised equal numbers of employer and employee representatives, but several of the employer…

The Union of India appealed a decision of the Orissa High Court that had struck down Clause‑iii of paragraph 7 in Notification No. 514/1994, which defined a person working ‘below ground’ to include open‑cast excavations deeper than six metres. The High Court held that the Ministry of Labour lacked statutory authority u…

The Gujarat government, after representations by labour unions, issued a resolution on 17 October 1988 to regularise daily‑wage and semi‑skilled workers across all departments, providing graded benefits based on years of service under Section 258 of the Industrial Disputes Act. The applicability of this scheme to daily…

Female workers employed on a daily‑wage muster roll by the Municipal Corporation of Delhi were denied maternity benefits that regular female employees received. The Industrial Tribunal held that these workers were entitled to the benefits under the Maternity Benefit Act, 1961 and directed the corporation to extend them…

The Supreme Court examined whether Anganwadi workers and helpers appointed under the Integrated Child Development Services (ICDS) scheme are holders of civil posts within the meaning of Articles 309, 310 and 311 of the Constitution. The workers, who are selected by a committee, receive only an honorarium and are not ap…

Two workers, Santosh Kumar and Hira Singh, filed claim petitions under the Minimum Wages Act, 1948 against their employer, Ragini Sinha, alleging non‑payment of wages for the period 1 January 1991 to 30 October 1992. The competent authority allowed the claims and imposed a penalty; the appellate authority affirmed this…

The workmen employed by the Maharashtra Forest Department under the Panchgaon Parwati Scheme and social‑forestry projects alleged that they had been kept as casual labourers for five to six years, constituting an unfair labour practice under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Pr…

The case concerned contract labour employed in SAIL's captive limestone mines under a tripartite agreement with contractors. After a prohibition notification under Section 10(1) of the Contract Labour (Regulation & Abolition) Act, 1970 was issued in 1993, the contract labour continued to work until their services were …

The case concerned 2,040 contract labourers employed in SAIL's captive limestone mine who, after a 1993 prohibition on contract labour under the CLRA Act, continued to work and claimed parity of wages with regular SAIL employees under the NJCS memorandum. The respondents sought relief under Section 20(1) of the Minimum…

The Moharrirs/peons of Municipal Council Hatta filed an application under Section 22 of the Minimum Wages Act, 1948 seeking overtime pay for four extra hours worked daily during February‑March 1982‑83. The Labour Court allowed the application, but the High Court dismissed the Municipal Council's petition. On appeal, th…

The Supreme Court heard a civil appeal filed by the State of Jammu and Kashmir against an interim order of the High Court Division Bench that directed the State to deposit and pay the respondent's minimum wages for the period January 1992 to March 2006 within two weeks, pending a Letters Patent Appeal. The Court noted …

Airfreight Ltd., a cargo forwarding and travel services company, was directed by the Karnataka Labour Officer to pay its employees Variable Dearness Allowance (VDA) under a 1987 State Notification issued under the Minimum Wages Act, 1948 for "shops and commercial establishments". The company contended it was not a shop…

Lingegowd Detective & Security Chamber Pvt Ltd supplied security personnel to Mysore Kirloskar Ltd. The Authority under the Minimum Wages Act, 1948 ordered Lingegowd to pay minimum wages to its workmen by treating them as engaged in a scheduled employment. Lingegowd challenged the order in a writ petition; a Single Jud…

The petitioners, about 300 catering cleaners employed by contractors on the Southern Railway, alleged that they were paid meagre wages and denied statutory benefits, and sought a writ of mandamus under Article 32 to compel the abolition of the contract‑labour system and their regularisation as railway employees. The Co…

The deceased Nazirbhai, a 25‑year‑old skilled polisher earning Rs 4,000‑5,000 per month, was killed by an Ahmedabad Municipal Transport Service bus. His legal representatives filed a claim petition under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 3,51,300 based on a notio…

The Supreme Court entertained a writ petition filed by Mukesh Advani on behalf of bonded labourers from Tamil Nadu working in stone quarries at Raisen, Madhya Pradesh, alleging exploitation through advance payments, piece‑rate wages below minimum, and denial of statutory protections. An investigative report and a Distr…

A news report prompted the People's Union for Democratic Rights to file a writ petition alleging that migrant labourers on the Salal Hydro‑Electric Project were denied statutory benefits. The Supreme Court examined reports of the Labour Commissioner, which revealed that the project, executed by the National Hydro Elect…

Manganese Ore (India) Ltd. paid its mine workers a cash wage, an attendance bonus and supplied grain at concessional rates. The workers claimed that the cash value of the grain concession and the attendance bonus were being deducted from their statutory minimum wages fixed by a government notification, and filed applic…

The Gujarat Mazdoor Sabha and a national trade union challenged two Gujarat State notifications issued under Section 5 of the Factories Act, 1948 that exempted all factories from provisions on working hours, rest intervals and overtime pay during the COVID‑19 pandemic. The petitioners argued that the pandemic did not c…