The topic has been matter of discussions and debates among various HR Professionals, Labour Law Consultants and many more since the Delhi Govt has issued interim MW Notification (after considering the recommendations of the Minimum Wages Advisory Committee). There were many up & down and turns regarding applicability and implementation of notification.
To make it more clear I would like to add few step by step points:-
1 The Delhi Govt has declared notification for interim MW Revision wef 03.03.2017 with huge hike of 37%.
2 The revision has been challenged by many Associations and Hon’ble HC put “STAY” on the revision in respect of the members of the Associations. The Associations submit that the Advisory Committee has not followed the proper process and it is contravention of principles of Natural Justice. But the Delhi Govt implemented the rates for the establishments who are working in associations with the various divisions of Delhi Govt.
3 The rate (revised vide notification dated 03rd Mar’2017) has been quashed by the Hon’ble HC vide order dated 04th Aug’18 and than previous rate become applicable.
4 The HC decision declared on 04th Aug. 2018, meanwhile the Delhi Govt Labour Office has issued two more notifications (being implemented wef 01.04.17 and 01.04.18).
5 After the HC verdict many establishments / employers switched the wages which were applicable prior to 03rd Mar’2017, even ignored the notifications of 01.04.17 and 01.04.18.
6 Though the Delhi Govt has put the case in SC which is under hearing and final decision is awaited.
7 Meanwhile to make it more clear the Labour Office of Delhi Govt has issued the above attached notification wherein the impact of “Interim Rate Revision Notification of 03rd Mar’17” has been removed. Considered the rates which were applicable prior to 03.03.2017 and added the impact of two notifications (being implemented wef 01.04.17, Rs. 234, and 01.04.18, Rs. 312).
8 Please be noted the notification is related to the establishments for which the Delhi Govt is the “Appropriate Govt”.
9 In respect of the establishment/Employers who are working under jurisdiction of “Central Govt” (for whom Central Govt is the “Appropriate Govt”) for them the above rates are not applicable. They have to pay the revised rates vide notification dated 28.09.2018 (attached for ready reference).
Hope I have clarified the matter duly considering all the facts and involved processes. It will be useful for the members who are working in Delhi or involved in implementation of MW Act for their Delhi Region / Branch.
24th October 2018 From India, Delhi
Any idea about arrears effective date.
2nd November 2018 From India, New Delhi
First of all thanks a lot for your valued appreciation. Nice to see you on this professional forum additional to our personal bounding.
Pls note it will be illogical to make further comment till the formal notification issued by the Labour Office of Delhi Govt.
According to the newspaper wordings, the rates are applicable wef 03 Mat.'17. However, after Hon'ble HC Verdict of dated 04 Aug'18 some establishments reduced the wages. They need to pay the arrears for Aug-Sep and Oct wages to be paid as per revised rate.
The members of the association (who put the case in courts) have not revised the rate at all and have been paying MW applicable prior to 03 Mar'17. They would be require to pay the arrears for the entire period.
This is simple reply of your query. Still I would suggest wait for the formal notification, guidelines to be issued by the Labour Office of Delhi Govt.
2nd November 2018 From India, Delhi
Now it is a very settled fact that any rule which is detrimental to the public at large and unconstitutional will be set aside by the Judiciary, but in this case the Basic has been hiked and people are already habituated where the implementation has occurred, now it will be unfair again if the standard of livings are lowered down due any Judicial pronouncement. As after all for no faults of employees they should not suffer!
2nd November 2018 From India, Kolkata
Few days ago delhi govt has gone to supreme court to stay the on the minimum wages. Kindly suggest the copy of that stay if anybody has.
The earlier unskilled wages-13900/- and semi skilled 15300/- will it continue after supreme court stay????
3rd November 2018 From India, Chandigarh