Umakanthan53
Labour Law & Hr Consultant
Pan Singh Dangwal
Joint Manager

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Dear Seniors, We know that Central & State Governments issue notifications on Revised Minimum wages from time to time which is to be followed by all as per the applicability.
As it is required to be mentioned here that I am working for a construction industry and here we are working for the industry which comes under the central government and the rate of wages of central govt is applicable. As per my knowledge the minimum rate of wages prescribed by the central government or the state government whichever is higher shall be applicable in my case.
My question is whether in The Minimum Wages Act or in any gazette notification it is written that " whichever Minimum wages is higher for the given period should be applied " Can any one having any evidence for this regarding applicability of wages if the organization falls under central govt. and the rate of wages of state govt is higher than the central govt.

From India, Bhopal
Dear Member,
Yours is an interesting case. The above is partially true, it is applicable only for Central Govt. rates. When the State Govt rate higher than
Central Govt, than you are entitle for the higher rate.
But it will not be applicable if you are employed under state govt. In such case only State Govt rate will be applicable.
In r/o evidence you can refer to the Part III of the central govt notification applicable to your industry / area. The Part III is not mentioned with every notification. As per my record it was last mentioned vide notification dated 19.07.2017.
Refer to Page 7, Part III "Explanation point "B", wherein it is clearly mentioned
"Where in any area the minimum rates of wages fixed by this notification are lower than the minimum rates of
wages fixed by the State Government for the employees of the aforesaid employments in relation to which the
State Government is the appropriate Government, the rates of wages fixed by the State Government shall in respect
of these areas, be deemed to be the minimum rates of wages payable under this notification".
Hope this will resolve your query.

From India, Delhi

Attached Files
File Type: pdf minimum wages - 08-19-01-2017-Extra-Various categories.pdf (1.54 MB, 52 views)

Dear Sir,
Thanks for your valuable comment and the attached notification in which it specifies that "Where in any area the minimum rates of wages fixed by this notification are lower than the minimum rates of wages fixed by the State Government for the employees of the aforesaid employments in relation to which the State Government is the appropriate Government, the rates of wages fixed by the State Government shall in respect of these areas, be deemed to be the minimum rates of wages payable under this notification".
In this I am having a query that since I am concerned for a Road Construction organization and executing the project of Central Govt. for the organization which comes under the preview of central government where I think the Appropriate Government is Central Govt.
Please correct if I am wrong.
Regards,
P. K. Singh

From India, Bhopal
Dear P. K.Singh,
I think that Mr.PanSingh has given you a clear answer to your original query.
As per the explanation to the Minimum Wages notification issued by the Central Government such a deeming provision applies only when the M.W rates for the employment falls below the rates fixed by the State Govt for the same employment falling under its purview. It does not alter the appropriate Government for the employment.
Road Construction work is undertaken by the State Govts also for its State Highways. Earlier national highways were also laid down and maintained by the respective State Governments with the funds provided by the Centre. After the formation of NHAI only, this work is directly undertaken by the GOI through NHAI. Therefore, Central Govt is the appropriate Govt for such venture.

From India, Salem
Dear Mr. Pan Singh Dangwal and Mr. Umakanthan. M Sir's,
Thank you very much both of you for your valuable comments.
My query was cleared from the comments and supporting document provided by Dangwal Sir itself, only thing I want to clear regarding the concerned appropriate govt. as NHAI our client comes under central govt. which the comment of Mr. Umakanthan Sir has cleared.
Once again Thank you very much for your support and guidance.
Regards,
P. K. Singh
Manager - HR & Admin
8830047957

From India, Bhopal
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