Dear Members,
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.