Delhi High Court Halts Minimum Wage Update: What Does This Mean for Employers and Workers?

As per the Delhi High Court Order in Case No. W.P (C) 12088/2016, the notification for Minimum Wages for Delhi issued under Notification No. F.Addl. LC/Lab/ MW/2016/4859 dated 03.03.2017 has been stayed. Thus, until the proceedings are decided in the court, the Minimum Wages cannot be considered.

Refer to www.simpliance.in for a free online labor law library.

Please find the newspaper cutting saying no relaxation until the minimum wages judgement.

Shashi Pandey

Then my question is, should payment be done on the revised pattern or on the previous pattern.

Thanks & Regards,

Sumit Kumar Saxena

Link to the High Court order of 07.03.2017, 16.03.2017, and 19.04.2017:

Akash

URL: [Delhi High Court Order](http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=77731&yr=2017)

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User input: http://delhihighcourt.nic.in/dhcqryd...mp;amp;yr=2017

Link to the order dated 19.04.2017.

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Further updates on the subject concerned

W.P.(C) 12088/2016 and CM Nos.9316/2017 & 10386/2017 in the Hon'ble High Court of Delhi by Hon'ble Ms. Justice Anu Malhotra promulgated an order dated 19th April 2017. Time is requested to record the file, and the next date for hearing is provided for 11th September 2017, listed along with W.P.(C) Nos.3360/2017, 2658/2017, and 8125/2016.

Please find the attached Stay Order till the next hearing date — 11th September 2017.

Refer - https://boardhr.blogspot.in/2017/04/...pril-2017.html

Order dated 19.04.2017 by Hon'ble Ms. Justice Anu Malhotra on stay of Minimum Wages until 11th September 2017.

Anybody can help me regarding minimum wages? I want to know the judgment of 11th September 2017. If you have a copy of that judgment, please share it.

I am discussing the Delhi minimum wages. Today, on 25.09.2017, there is a hearing for judgment.

Is there any update or development on the stay for Minimum Wage applicable in Delhi after the hearing?

Can somebody tell us what decision emerged on dated 25/09/2017 pertaining to Delhi minimum wages?

This matter will now be listed on 9th October 2017 at the Delhi High Court.

Sir, Delhi minimum wage 9th October ka kya hua?

Please update on the Delhi minimum wage Court decision of October 9th.

Please update on the Delhi minimum wage court decision for this month.

Dear all,

Sorry for the delayed response. The matter will now be listed on 1st November 2017 as per the Delhi High Court schedule. You can follow/check on WP(C) 12088/2016 along with WP(C) 3360/2017, 2658/2017 & 8125/2016, along with CM No. 9316/2017 & 10386/2017.

Regards,

Please update the Delhi minimum wage court order for today, November 11, 2017.

Delhi High Court Stay on Minimum Wages Notification

The said judgment dated 07.03.2017 for W.P. (C) 12088/2016 and order dated 19.04.2017 for W.P. (C) 3360/2017 in the High Court of Delhi grants a stay on the impugned notification dated 3rd March 2017, which was issued under the provisions of Section 5(2) of the Minimum Wages Act, 1948. Please note that the stay has been granted only for the Petitioners, as "It is directed that during the pendency of the writ petition, no coercive steps shall be taken against the members of the petitioner pursuant to the notification dated 3rd March 2017."

Petitioners and Their Associations

Petitioners in W.P. (C) 12088/2016 are those industries registered with the 'APEX CHAMBER OF COMMERCE AND INDUSTRY OF NCE OF DELHI,' and Petitioners of W.P. (C) 3360/2017 are those industries registered with the 'AUTOMOBILE TRADERS ASSOCIATION OF DELHI.'

Compliance for Other Industries

All other industries, if not associated with any of the aforementioned groups or if their matter against the Order dated 03.03.2017 is not under trial in the Delhi High Court, must comply with the order of Minimum Wages dated 03.03.2017. The Delhi High Court in the order dated 19.04.2017 also states that "It is made clear that in case any member wishes to voluntarily abide by the notification, we have not interdicted the same."

Thanks

Please go through the link of the Hindustan Times News:

Industry not paying minimum wages has no right to continue: Delhi HC | Delhi news | Hindustan Times

Thank you.

Delhi High Court Verdict on Minimum Wages

The said verdict of the Delhi High Court pertains to a matter where Minimum Wages (MW), which is not challenged, is not paid to the employee. One is liable to pay the same without any failure in compliance with the said act.

As per the latest matter concerning the High Court of Delhi, a stay has been given on the impugned notification dated 3rd March 2017 under sub-section (2) of section 5 of the Minimum Wages Act, 1948. All industries, if not associated with any Petitioners group (as per present suits), have to comply with the order of Minimum Wages dated 03.03.2017.

Sir, please update the decision of the Delhi minimum wage court ruling on November 20, 2017.

Matter didn't turn up for the hearing on 20-11-2017; a fresh hearing date is still awaited.

Please update the Delhi minimum wage as per the 20th November court order.

Any update for Delhi employees' minimum wages? Thank you.

Any update for Delhi employees' minimum wages after 20 Nov 2017?

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Any update about Delhi minimum wages?

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As of today, there is no further listing in this matter at the Delhi High Court!

I heard that Delhi High Court fixed the salary as minimum wages, and the last hearing was on 1st December 2017.

Delhi New wages attached from 1st October 2017 to March 2018.

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Delhi: New wages attached from 1st October 2017 to March 2018.

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The minimum wages case at Delhi High Court is reserved for orders on 1.12.2017. We need to wait for the judgment.

Delhi High Court has decided the matter in the context of 'Minimum Wages' vide W.P. (C) 12088/2016 in its last hearing on dated 01-12-2017. Although the court RESERVED the JUDGMENT.

Any update about Delhi minimum wages? What is the next date for this case?

Please update the Delhi minimum wage as per the High Court order.

Thank you.

Delhi minimum wages stay ko 9 months ho gaye hain. Kab tak iska final decision niklega?

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Sir,

Please share the Delhi minimum wages from Apr '17 to Sep '17 and Oct '17 to Mar '18.

Thanks.

Minimum wages ka case ki next court date kya hai?

Decision reserved by Delhi High Court on 01/12/2017.

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Judgment is reserved. Probably the 2nd week of January, we may expect the judgment date.

Regards,
Mathu
9600733448

Any other latest update about the minimum wage case.

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Hello,

Do you have any updates on the minimum wage case?

Judgment over the said matter in the context of 'Minimum Wages' vide W.P. (C) 12088/2016 is still RESERVED at Delhi High Court.

Please update me on the Delhi minimum wage court decision from January 2018.

As of the current date, the judgment regarding the matter concerning 'Minimum Wages' in W.P. (C) 12088/2016 is still reserved at the Delhi High Court.

Any news about the case or any court date detail.

Judgment Reserved on Minimum Wages Case

As of the current date, the judgment regarding the matter concerning 'Minimum Wages' in W.P. (C) 12088/2016 is still RESERVED at the Delhi High Court.

Typically, when a court reserves judgment, it indicates that the matter is temporarily on hold. This occurs after all involved parties have presented their arguments and all written submissions are filed with the court. Judges reserve judgment to allow time for crafting a thorough decision. It's important to note that a judgment is not merely a brief order; it encompasses a summary of disputes, arguments from both sides, relevant laws, past precedents, conclusions, and the rationale behind those conclusions. Judges require time to review arguments, research prior judgments, consider international perspectives, and carefully deliberate on the decision-making process. This undertaking is both intricate and time-intensive.

While there isn't a set timeframe for judges to deliver judgments, a period of six months is generally regarded as a reasonable duration. If a judgment remains reserved for longer than six months, either party can bring this to the attention of the Chief Justice. Currently, 4.5 months have passed.

Regards

Dear Sir,

Now, what is the decision in Delhi regarding revised minimum wages? Is it continuing as the last one at 9724? Also, the Honorable President has passed a new wage notification.

What should be done?

Thanks

Please refer to the Navbharat Times newspaper dated May 20th. An advocate has filed a PIL regarding minimum wages.

After yesterday (dated 22-05-2018) hearing, a judgement over the said matter in the context of 'Minimum Wages' vide W.P. (C) 12088/2016 has been reserved at the Delhi High Court.

So, finally, the Delhi High Court quashed the Delhi Govt. MW Notification dated 15-09-2016 & Notification dated 03-03-2017. A copy of the detailed judgment is enclosed for good reference.

Regards

Delhi High Court Verdict of MW Stay has been announced. Now, all employers in NCT of Delhi should adhere to the old rate with the latest VDA.

With regards, Mathu
9600733448

Dear Energymathu,

What will be the current rate of Delhi after the Delhi judgment? Please provide a notification if you have any information.

Thank you.

Should we pay as per the old minimum wages or the minimum wages revised in April 2018?

Please advise.

Delhi High Court Quashes Minimum Wages Order

The Delhi High Court on Saturday quashed its much-touted March 2017 order revising the minimum wages for all classes of workmen in scheduled employment, opining that the same was ultra vires Article 14 of the Constitution of India. The Bench, comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar, further opined that the impugned notification suffered from "non-application of mind," was not based on any material, and violated principles of natural justice.

It also declared the constitution of the Minimum Wages Advisory Committee for all scheduled employments by the Government as ultra vires Sections 5(1) and 9 of the Minimum Wages Act, 1948, opining that the formation of this committee was "completely flawed."

The court's verdict was issued on petitions filed by employers — associations of traders, petrol dealers, and restaurants — who had challenged two notifications: one issued in September 2016 reconstituting the Minimum Wages Advisory Committee for all scheduled employments, and another issued in March 2017, revising the minimum rates of wages for all classes of workmen/employees in all scheduled employments.

The detailed orders are enclosed herewith for reference.

Thanks & Regards,
Sumit Kumar Saxena

Dear Friends,

Please find enclosed the Revised Minimum Wages (MW) (Delhi) released via order dated 16th October 2018, to be taken into consideration after the Delhi High Court order. The Revised MW applies to the periods 01-10-2016 to 31-03-2017; 01-04-2017 to 31-03-2018; 01-04-2018 to 30-09-2018; and 01-10-2018 to 31-03-2019.

Regards,
MV

The Delhi Minimum Wages Notification (April 2019 and October 2019)

The Government of the National Capital Territory of Delhi, Labour Department, via Order dated 23rd October 2019, has notified the applicable rates of Minimum Wages in Delhi after including both installments of DA (April and October 2019). These rates shall be payable for all categories of workers effective from 1st April 2019 and 1st October 2019, respectively. Further confirmation is awaited for the dearness allowance (DA) to be paid along with the minimum wage rates effective from 22nd October 2019. The same shall be made available once the Delhi Labour Department releases the said notification, if any, as mentioned.