Please go through the proviso to the Sub Rule (4) of Rule 23 of the Minimum Wages (Central) Rules, 1950, which clearly mentions that "Provided that where the minimum daily rate of wages of the employees as notified under the Act has been worked out by dividing the minimum monthly rate of wages by twenty-six, or where the actual daily rate of wages has been worked out by dividing the monthly rate of wages by twenty-six and such actual daily rate of wages is not less than the notified minimum daily rate of wages of the employee, no wages for the rest day shall be payable. In case the employee works on the rest day and has been given a substituted rest day, he shall be paid only for the rest day on which he worked, an amount equal to the wages payable to him at the overtime rate, which is double the ordinary rate of wages.
It means the per day wages fixed by the appropriate government include the wages of the weekly rest day, and therefore every state government or central government specifies in their notification that to arrive at per day wages, the monthly rate of wages is to be divided by 26. Many companies are making the mistake of dividing the monthly rate by the number of days in a month, i.e., 30 or 31. This affects workers who have worked for less than 26 days. This is a violation of the Minimum Wages Act. When the appropriate government has clearly mentioned in their notification how to calculate per day wages for a monthly paid worker, we have to follow the said rule as the powers are delegated under the Minimum Wages Act to the concerned authority who is empowered to fix minimum wages and also to declare DA at certain intervals. The said order of the appropriate government is the notification supporting the calculation.