GARMENT AND TEXTILE WORKERS UNION (R) vs CHIEF SECRETARY
- Court
- Karnataka High Court
- 1 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R
RD
DATED THIS THE 3 DAY OF JUNE, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 18020 OF 2023 (L-MW)
C/W
WRIT PETITION NO. 14466 OF 2023 (L-MW)
WRIT PETITION NO. 17959 OF 2023 (L-RES)
WRIT PETITION NO. 17984 OF 2023 (L-MW)
IN WP No. 18020/2023
BETWEEN:
GARMENT AND TEXTILE WORKERS UNION (R)
AFFILIATED TO THE ALL INDIA
CENTRAL COUNCIL OF TRADE UNIONS9AICCTU),
HAVING ITS OFFICE AT NO.17/1, IST FLOOR,
NEAR BMTC BUS STOP, NEW GUDDADAHALLI
MYSORE ROAD, BENGALURU-560026,
REPRESENTED BY ITS PRESIDENT SMT PRATHIBHA R
REGISTERED UNDER INDIAN TRADE UNION ACT 1926
…PETITIONER
(BY SRI CLIFTON D'ROZARIO, ADVOCATE FOR
SRI/SMT MAITREYI KRISHNAN, ADVOCATE)
AND:
1. CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA, BENGALURU-560001.
2. THE SECRETARY,
DEPARTMENT OF LABOUR,
GOVERNMENT OF KARNATAKA,
VIKASA SOUDHA, BENGALURU-560001.
Digitally signed by
MOHANKUMAR B
SHELAR
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH
DHARWAD
- 2 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
3. THE UNDER SECRETARY DEPARTMENT OF LABOUR
GOVERNMENT OF KARNATAKA,
VIKASA SOUDHA, BENGALURU-560001.
4. THE LABOUR COMMISSIONER,
GOVERNMENT OF KARNATAKA,
KARMIKA BHAVANA, BANNERGHATTA ROAD,
BENGALURU-560029.
5. KARNATAKA TEXTILE MILLS ASSOCIATION,
NO.64, VASTRA BHAVAN,
TH TH TH
4 FLOOR, 4 MAIN, NEAR 18 CROSS,
MALLESHWARAM, BENGALURU - 560 055,
REPRESENTED BY SECRETARY MR. V SUBASH.
(R5 IMPLEADED AS PER THE ORDER OF HON'BLE
COURT DATED 03.02.2025)
…RESPONDENTS
(BY SRI M RAJAKUMAR, AGA FOR R1 TO R4,
SRI S S NAGANAND, SENIOR COUNSEL A/W
SRI PRAVEENKUMAR HIREMATH, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED NOTIFICATION ISSUED BY THE R-2 BEARING NO.
KE2 LWA 2023 DTD 17.01.2023 (PLACED AS ANNX-E) AS
INSUFFICIENT AND DIRECT THAT THE WORKERS ARE
ENTITLED TO WAGES AT THE RATE FIXED FOR ALL OTHER
INDUSTRIES VIDE NOTIFICATION NO. KAE 34 LW A2022 DTD
28.07.2022 (PLACED AS ANNX-F) FORM THE PERIOD
17.01.2023 AND ETC.
IN WP NO. 14466/2023
BETWEEN:
GARMENT AND TEXTILE WORKERS UNION (R) (GATWU),
(AFFILIATED TO THE ALL INDIA CENTRAL
COUNCIL OF TRADE UNIONS (AICCTU),
HAVING ITS OFFICE AT
ST
NO 17/1, 1 FLOOR, NEAR BMTC BUS STOP,
NEW GUDDADAHALLI, MYSORE ROAD,
- 3 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
BENGALURU - 560026,
REP. BY ITS PRESIDENT SMT PRATHIBHA R.
...PETITIONER
(BY SRI CLIFTON D'ROZARIO, ADVOCATE FOR
SMT MAITREYI KRISHNAN, ADVOCATE)
AND:
1.
CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA BENGALURU - 560001.
2.
THE SECRETARY,
DEPARTMENT OF LABOUR,
GOVERNMENT OF KARNATAKA,
VIKASA SOUDHA, BENGALURU - 560001.
3. THE UNDER SECRETARY,
DEPARTMENT OF LABOUR,
GOVERNMENT OF KARNATAKA,
VIKASA SOUDHA, BENGALURU - 560001.
4. THE LABOUR COMMISSIONER,
GOVERNMENT OF KARNATAKA,
KARMIKA BHAVANA, BANNERGHATTA ROAD,
BENGALURU - 560029.
5. KARNATAKA TEXTILE MILLS ASSOCIATION,
NO.64, VASTRA BHAVAN,
TH TH TH
4 FLOOR, 4 MAIN, NEAR 18 CROSS,
MALLESHWARAM, BENGALURU - 560 055,
REPRESENTED BY SECRETARY MR. V SUBASH.
6. THE CLOTHING MANUFACTURERS
ASSOCIATION OF INDIA, NO.33, SWISS COMPLEX,
RACE COURSE ROAD, BENGALURU - 560 001,
REPRESENTED BY REGIONAL SECRETARY,
MR BALAJI R.
- 4 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
(R5 AND R6 IMPLEADED AS PER THE ORDER
OF THE HON'BLE HIGH COURT DT 13.01.2025)
...RESPONDENTS
(BY SRI M RAJAKUMAR, AGA FOR R1 TO R4,
SRI S S NAGANAND, SENIOR COUNSEL A/W
SRI PRAVEENKUMAR HIREMATH, ADVOCATE
FOR R5 AND R6 )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
HOLDING THAT THE MINIMUM WAGES NOTIFIED AS PER
THE IMPUGNED NOTIFICATION ISSUED BY THE R2
BEARING NO. KE 1 LWA 2023 DT. 17.01.2023 (PLACED AS
ANNX-A) IS INSUFFICIENT AND THAT THE WORKERS ARE
ENTITLED TO WAGES AT THE RATE FIXED FOR THE PERIOD
01.04.2018 TO 31.03.023 AT THE RATE FIXED AS PER THE
DRAFT NOTIFICATION BEARING NO. KAEE 76 LMW 2017
DT. 22.02.2018 RETROSPECTIVELY FROM 01.04.2018
(PLACED AS ANNX-J) AND ETC.
IN WP NO. 17959/2023
BETWEEN:
GARMENT AND TEXTILE WORKERS UNION (R)
(AFFILIATED TO THE ALL INDIA CENTRAL COUNCIL OF
TRADE UNIONS (AICCTU), HAVING ITS OFFICE AT
ST
NO. 17/1, 1 FLOOR, NEAR BMTC BUS STOP, NEW
GUDDADAHALLI, MYSORE ROAD, BENGALURU-560 026,
REPRESENTED BY ITS PRESIDENT SMT. PRATHIBHA. R,
REGISTERED UNDER INDIAN TRADE UNION ACT 1926.
...PETITIONER
(BY SRI CLIFTON D'ROZARIO, ADVOCATE FOR
SMT MAITREYI KRISHNAN, ADVOCATE)
AND:
1. CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA, BENGALURU-560 001.
- 5 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
2. THE SECRETARY,
DEPARTMENT OF LABOUR,
GOVERNMENT OF KARNATAKA,
VIKASA SOUDHA, BENGALURU-560 001.
3. THE UNDER SECRETARY,
DEPARTMENT OF LABOUR,
GOVERNMENT OF KARNATAKA,
VIKASA SOUDHA, BENGALURU-560 001.
4. THE LABOUR COMMISSIONER,
GOVERNMENT OF KARNATAKA,
KARMIKA BHAVANA,
BANNERGHATTA ROAD,
BENGALURU - 560 029.
5. KARNATAKA TEXTILE MILLS ASSOCIATION,
NO.64, VASTRA BHAVAN,
TH TH
4TH FLOOR, 4 MAIN, NEAR 18 CROSS,
MALLESHWARAM, BENGALURU - 560 055,
REPRESENTED BY SECRETARY MR. V SUBASH.
(R5 IMPLEADED AS PER THE ORDER OF
HON'BLE COURT DATED 03.02.2025)
...RESPONDENTS
(BY SRI M RAJAKUMAR, AGA FOR R1 TO R4,
SRI S S NAGANAND, SENIOR COUNSEL A/W
SRI PRAVEENKUMAR HIREMATH, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO 1.
QUASHING THE IMPUGNED NOTIFICATION ISSUED BY THE
R2 BEARING NO. KE 2 LWA 2023 DATED 17/01/2023
(PLACED AS ANNEXURE-E) AS INSUFFICIENT AND DIRECT
THAT THE WORKERS ARE ENTITLED TO WAGES AT THE
RATE FIXED FOR ALL OTHER INDUSTRIES VIDE
NOTIFICATION NO. KAE 34 LW A 2022 DATED 28/07/2022
(PLACED AS ANNEXURE-F) FROM THE PERIOD 17/01/2023
AND ETC.
- 6 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
IN WP NO. 17984/2023
BETWEEN:
GARMENT AND TEXTILE WORKERS UNION (R),
(AFFILIATED TO THE ALL INDIA CENTRAL
COUNCIL OF TRADE UNIONS (AICCTU),
HAVING ITS OFFICE AT NO. 17/1,
ST
1 FLOOR, NEAR BMTC BUS STOP,
NEW GUDDADAHALLI, MYSORE ROAD,
BENGALURU-560 026,
REPRESENTED BY ITS PRESIDENT
SMT. PRATHIBHA. R,
REGISTERED UNDER INDIAN TRADE UNION ACT 1926.
...PETITIONER
(BY SRI CLIFTON D'ROZARIO, ADVOCATE FOR
SMT MAITREYI KRISHNAN,ADVOCATE)
AND:
1. CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA, BENGALURU-560 001.
2. THE SECRETARY,
DEPARTMENT OF LABOUR,
GOVERNMENT OF KARNATAKA,
VIKASA SOUDHA, BENGALURU-560 001.
3. THE UNDER SECRETARY
DEPARTMENT OF LABOUR,
GOVERNMENT OF KARNATAKA,
VIKASA SOUDHA,
BENGALURU-560 001.
4.
THE LABOUR COMMISSIONER
GOVERNMENT OF KARNATAKA,
KARMIKA BHAVANA,
BANNERGHATTA ROAD,
BENGALURU-560 029.
5. KARNATAKA TEXTILE MILLS ASSOCIATION,
NO.64, VASTRA BHAVAN,
- 7 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
TH TH TH
4 FLOOR, 4 MAIN, NEAR 18 CROSS,
MALLESHWARAM, BENGALURU - 560 055,
REPRESENTED BY SECRETARY MR. V SUBASH.
(R5 IMPLEADED AS PER THE ORDER OF HON'BLE
COURT DATED 03.02.2025)
...RESPONDENTS
(BY SRI M RAJAKUMAR, AGA FOR R1 TO R4,
SRI S S NAGANAND, SENIOR COUNSEL A/W
SRI PRAVEENKUMAR HIREMATH, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO 1.
QUASHING THE IMPUGNED NOTIFICATION ISSUED BY THE
R2 BEARING NO. KE 2 LWA 2023 DATED 17/01/2023
(PLACED AS ANNEXURE-E) AS INSUFFICIENT AND DIRECT
THAT THE WORKERS ARE ENTITLED TO WAGES AT THE
RATE FIXED FOR ALL OTHER INDUSTRIES VIDE
NOTIFICATION NO. KAE 34 LW A 2022 DATED 28/07/2022
(PLACED AS ANNEXURE-F) FROM THE PERIOD OF
17/01/2023 IN SO FAR AS PETITIONER IS CONCERNED
AND ETC.
THESE PETITIONS HAVING BEEN HEARD AND RESERVED
TH
FOR ORDERS ON 17 APRIL, 2026 AND COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE
FOLLOWING:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
- 8 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
CAV ORDER
In addition to adjudicating the validity of the notifications
issued under The Payment Of Wages Act, 1948 , (“Act,
1948”) in view of the repeal of the said Act, 1948, and post
commencement of Code on Wages, 2019 , (“Code, 2019”)
which came into effect on 21.11.2025, i.e., during the
pendency of this batch of Writ Petitions, the Court has to
consider the effect of repeal of the Act, 1948 on the pending
litigations, and the interplay of Section 69(2)(3) of the Code,
2019, and Section 6 of the General Clauses Act, 1897, (“Act,
1897”) .
2. The petitioner- Garments and Textile Workers
Union is a registered Trade Union. In these petitions the
petitioner-Union is representing workers in (a) Cloth Dyeing
and Printing Industry, (b) Textile (Silk) Industry, (c)
Spinning Mills Industries (d) Garment, Costumes and
Tailoring Establishments.
3. The petitioner, in this batch of petitions is
challenging the four final notifications dated 17.01.2023, issued
under Section 5 of the Minimum Wages Act, 1948 (Act, 1948)
- 9 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
revising the minimum wages of workers in the above said
industries.
4. W.P. No.18020/2023, W.P.No.17959/2023 and
W.P.No.17984/2023 are filed to quash the notifications dated
17.01.2023, bearing No. KE 2 LWA 2023, pertaining to fixation
of minimum wages in (a) Cloth, Dyeing and Printing Industry,
(b) Textile (Silk) Industry and (c) Spinning Mills Industry
respectively.
5. In addition, the petitioner-Union in the above
referred three petitions, (except W.P. No. 14466/2023), has
also sought to fix the wages as per Notification No. KAE 34 LW
A 2022 dated 28.07.2022, for the period commencing from
17.01.2023.
6. The further prayer is to direct the respondents to
ensure that workers working in Cloth Dyeing and Printing
Industry, Textile (Silk) Industry, and Spinning Mills Industry
are paid wages as per the respective notifications dated
30.12.2017 applicable to such industries, for the period
commencing from 30.12.2017 to 17.01.2023.
- 10 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
7. The petitioner-Union in each of the four petitions
(including W.P. No. 14466/2023) has also sought fixation of
minimum wages for unskilled workers at the rate of
Rs.29,090.91/- and proportionate increase for semi-skilled,
skilled and highly skilled workers.
W.P. No. 14466/2023
8. W.P. No.14466/2023 is filed to quash the
Notification bearing No.KE 1 LWA 2023 dated 17.01.2023
pertaining to Garment, Costumes and Tailoring Establishments,
and to fix wages as per Notification No.KaEe 76 LMW 2017
dated 22.02.2018, from 01.04.2018 to 31.03.2023.
9. In addition, the petitioner has also sought to fix the
wages as per Notification No.KAE 34 LW A 2022 dated
28.07.2022, from 01.04.2023.
10. Certain admitted facts are as follows:
a. The minimum wages for the industries in question were
revised in 2014. Thereafter, the appropriate Government
undertook the exercise to revise the minimum wages
under the Act, 1948. Consequently, on 30.12.2017, three
- 11 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
final notifications fixing minimum wages for Cloth Dyeing
and Printing Industry, Textile (Silk) Industry, and
Spinning Mills Industry were published.
b. On 22.02.2018, a draft notification proposing revision of
minimum wages under the Act, 1948, for Garments,
Costumes, and Tailoring establishments was issued.
c. Before wages could be paid as per the three notifications
dated 30.12.2017, and before the final notification
pursuant to the draft notification dated 22.02.2018
referred to above was issued, the Government on
22.03.2018, withdrew all the three final notifications
dated 30.12.2017 and also the draft notification dated
22.02.2018. The Government stated that a fresh exercise
to revise the wages would be taken by following the
procedure under Section 5(1)(a) of the Act, 1948.
Government also claimed that on 13.03.2018, a tripartite
committee was constituted to revise the wages.
d. Workers’ Unions filed Writ Petitions challenging the order
dated 22.03.2018 by which earlier notifications dated
30.12.2017 and 22.02.2018 were withdrawn. Said Writ
- 12 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
Petitions challenging the order dated 22.03.2018 were
dismissed.
e. The writ petitions were filed by the Employers’
Associations challenging some of the 37 notifications
fixing/revising wages. Those petitions were allowed in
part.
f. The Learned Single Judge, upheld the notification dated
22.03.2018, on the premise that it is a step-in-aid to the
revision of wages under the Act, 1948 and also directed
payment of interest at 6% per annum on the unpaid
revised wages. Learned single Judge permitted the
revision of wages with retrospective effect from the date
when the minimum wages became payable.
g. The Workers’ Union filed Writ Appeal No.1520/2019
challenging the order of the learned Single Judge
dismissing their Writ Petitions. Other appeals are filed by
employers/Associations of Employers and Writ Appeal
No.1520/2019 is clubbed with Writ Appeal No. 1611/2019
and connected matters. The Division Bench allowed the
said Writ Appeal No.1520/2019 and held that the order
- 13 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
dated 22.03.2018 withdrawing the earlier three
notifications dated 30.12.2017 and draft notification
22.02.2018 was ultra vires the Act, 1948.
h. The Division Bench revived/restored the three final
notifications dated 30.12.2017 and the draft notification
dated 22.02.2018 and permitted the aggrieved parties to
challenge the notifications dated 30.12.2017.
i. In addition, the Division Bench also directed the
Government to take further steps pursuant to the draft
notification dated 22.02.2018. The Division Bench also
held that the Government is at liberty to revise the wages
fixed under the three notifications dated 30.12.2017 as
per the provisions of the Act, 1948.
j. The Division Bench in the aforesaid Writ Appeals held that
the notification dated 31.10.2019 , fixing/revising the
minimum wages, pursuant to the order dated 22.03.2018,
is inoperative.
k. The order of the learned Single Judge directing payment
of interest at 6% per annum on the wages payable is
upheld by the Division Bench.
- 14 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
l. The Karnataka Textile Mills Associations filed Writ Petition
No.9268/2020 challenging the notifications dated
30.12.2017. A writ of mandamus was also sought
directing consideration of the said petitioners’
representation relating to revision of wages.
m. The said W.P. No.9268/2020 was disposed of vide order
dated 09.02.2021 with a direction to the Government to
consider the representation dated 25.05.2020 filed by the
petitioner-Association of Industries.
n. In W.P. No.9268/2020, Karnataka Textile Mills
Associations did not press its challenge to the three
notifications dated 30.12.2017. In the said case, vide
order dated 09.02.2021, the Co-ordinate Bench of the
Court also directed payment of interest on unpaid wages,
as directed by the Division Bench. The order dated
09.02.2021 has attained finality.
o. The Government vide impugned four notifications dated
17.01.2023 revised the minimum wages for the workers
of above named 4 industries. It is stated that wages are
- 15 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
revised and hiked by 14% over the wages fixed under
notification dated 31.10.2019.
11. The petitioner- Union has filed the present four Writ
Petitions assailing the four notifications dated 17.01.2023
referred to above.
12. The respondent/State has filed statement of
objections, and the Associations of Industries which are
impleaded later, have also filed their statement of objections.
13. The learned counsel for the petitioners raised
following contentions:
(a) The procedures contemplated under Section 5(1)(b) of the
Act, 1948 are not followed.
(b) The wages fixed under the notifications dated 17.01.2023
are lower than the minimum wages fixed under the
notification dated 30.12.2017.
(c) The impugned notifications have been made applicable
retrospectively from 30.12.2017 to bypass the directions of
the Division Bench in Writ Appeal No.1520/2019 and
connected matters. The Division Bench had directed
- 16 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
payment of back wages as per the notification dated
30.12.2017 along with interest at 6%, and the
retrospective application of the impugned notifications is in
the teeth of the order in Writ Appeal No.1520/2019.
(d) The State has ignored the mandate of the Apex Court in
Workmen represented by its Secretary v.
1
Management of Reptakos Brett and Co. Ltd .
(e) The garment industry employs approximately 7 lakh
workers, of whom more than 90% are women belonging to
socially and economically backward sections. While other
industries such as Clay, Pottery and Ceramics were granted
a basic rate of Rs.615.07 in 2022, the garment industry
has been unfairly restricted to a basic rate of Rs.401.07,
thereby demonstrating a discriminatory approach.
(f) The revision of wages must always be an upward revision,
and the impugned notifications have reduced the minimum
wages payable to the workmen. The Government has
discriminated against the workmen of the industries
represented by the petitioner, as the revisions of wages
1
AIR 1992 SC 504
- 17 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
relating to other industries (Clay, Ceramics, Stoneware,
etc.) vide notification dated 28.07.2022 is almost double
the wages of the workers in the Textile Industry.
14. Learned counsel for the petitioner placed reliance
on the following judgments:
(a) Private Hospital & Nursing Homes Association
and others v. State of Karnataka and others
2
along with connected matters
(b) Gujarat Mazdoor Sabha and Others v. State of
3
Gujarat
(c) Narinder Chand Hem Raj and others v.
Governor, Administrator, Union Territory,
4
Himachal Pradesh and Others
(d) A.P.S.R.T.C. and others v. G. Srinivasa Reddy
5
and others
(e) Vishaka and others v. State of Rajasthan and
6
others
(f) Charu Khurana and others v. Union of India and
7
others
2
Writ Appeal Nos. 1611/2019 with connected matters
3
(2020) 10 SCC 459
4
(1971) 2 SCC 747
5
(2006) 3 SCC 674
6
(1997) 6 SCC 241
7
(2015) 1 SCC 192
- 18 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
(g) Lieutenant Colonel Nitisha and others v. Union
8
of India and others .
15. Learned Additional Government Advocate appearing
for the respondent-State urged the following contentions:
(a) In terms of the order dated 13.04.2019, passed in Writ
Appeal No.1520/2019 and connected matters, the State
was directed to undertake further action to fix/revise the
minimum wages pursuant to the draft notification dated
22.03.2018 and was permitted to revise the minimum
wages fixed under the notifications dated 30.12.2017.
(b) A tripartite committee was also constituted vide order
dated 13.08.2018 comprising 27 members representing
all the stakeholders. Meetings were held, the claims were
considered, and an appropriate decision was taken
keeping in mind all relevant factors.
(c) The Advisory Committee was constituted to advise on the
issue. Objections were invited from the stakeholders.
On 16.11.2021, the Advisory Board held a meeting of all
stakeholders and another meeting was held on
06.09.2022. Since no consensus was arrived at in the said
8
(2021) 15 SCC 125
- 19 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
meetings, the matter was placed before the Government
for appropriate decision. The notification dated
17.01.2023 reflects due consideration of all relevant
factors.
( d ) In a petition under Article 226 of the Constitution of India,
the Court will not substitute its wisdom to that of the
Government, which has taken into consideration the
views and opinions of experts in the field.
( e ) The Karnataka State Minimum Wages Advisory Board
constituted under Sections 7 and 9 of the Act, 1948 is
strictly an advisory body. The Government is not legally
bound to adopt its recommendations, and the ultimate
power to revise wages rests solely with the State.
(f) During the meeting held on 11.01.2022 involving the
Advisory Board, employers, Trade Unions and the State,
none of the Unions, including the petitioner-Union, raised
any objection for not issuing a draft notification.
16. In support of the contentions, the learned
Government Advocate for the State placed reliance on the
following judgments:
- 20 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
(a) Chakradharpur Biri and Tobacco Merchants’
Association and others v. State of Bihar and
9
others
(b) Champak Lal H. Thakkar and others v. State of
10
Gujarat and another
(c) Chandra Bhavan Boarding and Lodging,
11
Bengaluru v. State of Mysore and another
(d) Rasid Javed and others v. State of Uttar Pradesh
12
and another
(e) M/s. Bhikusa Yamasa Kshatriya and another v.
Sangamner Akola Taluka Bidi Kamgar Union and
13
others .
17. Learned Senior Counsel appearing for respondents
No.5 and 6 urged the following contentions:
(a) The Court cannot hold that the wages are insufficient in
exercise of jurisdiction under Articles 226 of the
Constitution of India because the Appropriate Government
has exercised its quasi-legislative and executive powers
under Section 5 of the Act, 1948 after considering all the
relevant factors.
9
(1997) 77 FLR 339
10
(1980) 4 SCC 329
11
(1969) 3 SCC 84
12
(2010) 7 SCC 781
13
(1959) 2 LLJ 578
- 21 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
(b) The Appropriate Government issued a draft notification
dated 22.02.2018 and, only after following due
procedure, issued the impugned notifications dated
17.01.2023. Sufficient opportunity was granted to the
Union and workmen to file objections. Only after due
consideration and multiple discussions before the
Tripartite Committee, the final notifications are issued.
(c) The petitioner-Union, Government of Karnataka and
Technical Consultancy Services Organization of India
(“TECSOK”) were members of the Tripartite Committee
constituted under Section 5(1)(a) of the Act, 1948.
TECSOK, being an expert body, conducted a detailed
study regarding the nature of work and conditions
prevailing in the industry and submitted its report. The
wages were fixed based on the expert committee’s report.
(d) The draft notification was only tentative in nature and
culminated in the final notification dated 17.01.2023.
Revision need not always be upward because the
notifications issued on 30.12.2017 were withdrawn and
- 22 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
were under litigation; therefore, the said notifications
never came into operation.
18. The Court has considered the contentions raised,
perused the records and examined the judgments cited on
behalf of both sides. The Court has taken note of the scope and
width of the jurisdiction of the Court in petitions of this nature.
The Court has also noticed the ratio laid down by the Apex
Court on the consequences of the Repeal and Savings of the
enactments.
19. In a petition of this nature, the Court does not
ordinarily dwell deep into the merits of the decision taken by
the appropriate Government in exercise of the statutory powers
conferred, if it is found that the prescribed procedures are duly
complied. Because the Court is more concerned with the
decision-making process rather than the decision.
20. If the decision-making process complies with the
requirements of law, the Court would not ordinarily interfere
with the decision. However, this is not an absolute rule. If the
decision-making process complies with the prescribed
procedure, but the final decision is vitiated by malafides,
- 23 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
manifest arbitrariness, absurdity, or if the decision is
unconscionable, Court would step in and interfere with such
decision.
21. Keeping above principles in mind, enunciated in the
judgments cited at the Bar, the Court would proceed further.
On the validity of the notifications dated 17.01.2023
impugned in Writ Petitions No.18020/2023, 17959/2023
and 17984/2023
22. As could be seen from the three final notifications
dated 30.12.2017, the wages were revised allegedly under
Section 5(1)(b) of the Act, 1948. Admittedly, vide order dated
22.03.2018, the appropriate Government withdrew the three
final notifications dated 30.12.2017. The Division Bench in Writ
Appeal No.1520/2019, held that the Government Order dated
22.03.2018 is ultra vires the Act, 1948. Consequently, the final
notifications dated 30.12.2017, and the draft notification dated
22.02.2018 were revived. Liberty was also reserved to the
aggrieved persons to challenge the notifications dated
30.12.2017. The Division Bench also directed the State
- 24 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
Government to proceed further, in accordance with law,
pursuant to the draft notification dated 22.02.2018.
23. At this juncture, it is necessary to refer the relevant
operative portion of the judgment in Writ Appeal No.1611/2019
and connected matters.
“ ORDER
XXXX
(iii) This order will not prevent the aggrieved parties
from challenging the three revived final notifications
dated 30th December, 2017 in accordance with law.
Moreover, it will be always open for the State
Government to undertake the revision of the rates of
minimum wages fixed under the said three
notifications dated 30th December, 2017 in
accordance with the provisions of the Act, 1948.
XXXX”
(emphasis supplied)
24. In terms of the order passed in the Writ Appeals
referred to above, the Government chose to exercise its power
to revise the wages fixed under the three notifications dated
30.12.2017 by invoking Section 5 of the Act, 1948 . The Division
Bench of this Court in Writ Appeal No.1520/2019 has
- 25 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
recognised and reiterated the power of the appropriate
Government to revise the minimum wages under the Act, 1948.
Thus, the Government was required to follow the procedure
contemplated under Section 5 of the Act, 1948 before revising
the wages. However, after disposal of the Writ Appeals, the
Government neither complied the requirement of constituting
the Committee or Sub-Committee under Section 5(1)(a) of Act,
1948, nor requirement of publishing proposals for revision of
wages in the Official Gazette as mandated under Section
5(1)(b)of the Act,1948.
25. The respondents attempted to justify the impugned
notifications dated 17.01.2023, on the premise that the
Division Bench had not set aside the
proceedings/actions/procedures preceding the notifications
dated 30.12.2017. The respondents contend that the Division
Bench has only invalidated the order dated 22.03.2018 and the
final wage fixation notification dated 31.10.2019 and not the
publication of proposal and constitution of Committee before
issuing the notifications dated 30.12.2017 and 22.02.2018.
- 26 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
26. At this juncture, it is also necessary to refer the
observations made in paragraph No.57 of the judgment of the
Division Bench in Writ Appeals:
"57. ……… As can be seen from sub-section (2) of
Section 5, it confers on the appropriate Government, a
power to fix the rates of minimum wages in respect of
the scheduled employment and power to revise such
rates of minimum wages. In the case on hand, the
statute has itself conferred a power on the appropriate
Government to review/revise the rates of minimum
wages and such power also includes power to increase
or reduce the rates of minimum wages. xxxxx There is
a power to revise the rates of minimum wages even by
reducing the same by exercise of power conferred under
Sub-section (2) of Section 5, after following the
procedure under Sub-section (1) of Section 5.”
(emphasis supplied)
27. From the aforementioned observations and also the
operative portion of the order in Writ Appeal No. 1520/2019
and connected matters, it is apparent that the Division Bench
did not permit/direct the Government to undertake wage
fixation/revision bypassing the procedure contemplated under
the Act, 1948. On the contrary, the Division Bench emphasised
compliance with the procedure prescribed under the Act, 1948
- 27 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
in the event of revision of wages fixed under the notification
dated 30.12.2017 . The expression “in accordance with the
provisions of the said Act, 1948” occurring in paragraph (iii) of
the operative portion and the expression “after following the
procedure under sub-section (1) of Section 5.” support such
interpretation.
28. Before issuing the final notifications dated
30.12.2017, the Government published the proposal in the
Official Gazette as required under Section 5(1)(b) of the Act,
1948. As already noticed, the Division Bench has upheld the
said notifications dated 30.12.2017. However, recognised the
Government’s power to revise the minimum wages under the
provisions of the Act, 1948. This means, the Division Bench
has only recognised and reiterated the statutory power under
the Act, 1948 to revise the wages fixed under the notification
dated 30.12.2017. Thus, the exercise to revise the minimum
wages fixed under the notifications dated 30.12.2017 must be
preceded by a further action either under Section 5(1)(a) of
under Section 5(1)(b) of Act, 1948.
- 28 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
29. The respondent/State does not claim that the
exercise is undertaken under Section 5(1)(a). However, it is
stated that exercise is undertaken under Section 5(1)(b) of the
Act, 1948. If that is the case, the proposal for revision of
wages should have been published in the Official Gazette post
13.04.2020, the date on which the judgment of the Division
Bench was rendered in Writ Appeal No.1611/2019 and
connected matters . That is not done.
30. The respondents tried to justify the impugned
notifications by referring to the order dated 09.02.2021 in Writ
Petition No.9268/2020. The said order does not come to the
aid of the respondents to contend that Gazette notification is
not required as contemplated under Section 5(1)(b) of the Act,
1948. The reason is simple and obvious, if the context in which
the said order dated 09.02.2021 is passed, is taken note of.
31. In the said Writ Petition No. 9268/2020 the
Karnataka Textile Mills Association challenged the validity of the
notifications dated 30.12.2017 and also sought writ of
mandamus to consider their representation dated 25.05.2020.
- 29 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
32. During the course of hearing, the prayer in W.P. No.
9268/2020 challenging the validity of the notifications dated
30.12.2017 was not pressed. The petitioner in the said petition
restricted his prayer for a direction to consider the
representation dated 25.05.2020. Said representation was
submitted in the light of the order passed in Writ Appeal
No.1611/2019 and connected matters as the Division Bench
had permitted the appropriate Government to revise the
minimum wages fixed by following the procedure contemplated
under the Act, 1948. Thus, it is obvious that the petitioner in
Writ Petition No.9268/2020 chose to approach the Government
to take steps for revising the minimum wages.
33. In the aforesaid context, the Court directed the
respondent/State in the said Writ Petition No.9268/2020 to
consider the representation said to have been submitted by the
petitioner therein. The said order is not a positive direction to
bypass the procedural requirements under Section 5 of the Act,
1948.
34. It is evident that no notification is published in
Official Gazette, post 13.04.2020, as required under Section
- 30 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
5(1)(b) of the Act, 1948. For the aforementioned reasons, the
Court is of the view that the entire exercise preceding the
issuance of respective notifications dated 17.01.2023 impugned
in Writ Petitions No.18020/2023, 17959/2023 and 17984/2023
are contrary to the Legislative mandate under Section 5(1)(b)
of the Act, 1948, and also the order passed by the Division
Bench order dated 13.04.2020 in Writ Appeal No.1520/2019
and connected matters.
35. Accordingly, the three impugned notifications dated
17.01.2023 in Writ Petitions No.18020/2023, 17959/2023 and
17984/2023 are to be quashed.
On the validity of the notification dated 17.01.2023
impugned in Writ Petition No.14466/2023
36. Admittedly, in relation to Garments, Costume and
Tailoring Establishments the final notification under the Act,
1948, was issued in the year 2014 as the subsequent
notification under the said Act, 1948 fixing minimum wages
issued on 31.10.2019 was held to be inoperative in terms of
the judgment of the Division Bench of this Court in Writ Appeals
No.1611/2019 and connected matters.
- 31 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
37. As already noticed, in Writ Appeal No.1611/2019
the Division Bench of this Court by setting-aside the final
notification dated 31.10.2019, revived the draft notification
dated 22.02.2018. The Division Bench also directed the
Government to proceed further to finalise the wages and to
issue final notification as provided the Act, 1948.
38. It is also necessary to refer to the paragraph (ii) of
the operative portion of the order in the said Writ Appeals
which reads as under:
“(ii) The State Government shall take further steps
nd
on the basis of the draft notification dated 22
February, 2018 in accordance with Section 5 of the
said Act of 1948 as expeditiously as possible.”
39. Thus, the respondent/State must establish that
further steps have been taken in compliance with the
requirement of Section 5 of the Act, 1948.
40. On perusal of the draft notification dated
22.02.2018, it is apparent that the Government has proceeded
to issue the draft notification by invoking Section 5(1)(b) of the
Act, 1948. Section 5(1)(b) mandates publication of such
- 32 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
notification in the Official Gazette providing not less than two
months time for consideration of the proposals.
41. The notification dated 22.02.2018 reveals that two
months time is granted to file objections if any, to the proposed
revision of wages , from the date of the publication in the official
gazette. However, Official Gazette is not placed on record to
hold that publication is made in the Official Gazette as required
under Section 5(1)(b) of the Act, 1948. On the other hand, the
draft notification dated 22.02.2018 was withdrawn vide order
dated 22.03.2018, i.e. within two months from the date of
notification dated 22.02.2018. Later, the Division Bench has
set-aside the order dated 22.03.2018 directing the Government
to proceed further on the basis of the draft notification dated
22.02.2018 by reviving the said draft notification dated. Since,
the draft notification dated 22.02.2018 was not published in the
Official Gazette, the Government should have proceeded to
issue a publication in the Official Gazette, post its revival,
providing two months time to file objections, if any. However,
that is not done. The Division Bench of this Court did not hold
that there is no need to publish the proposal in the Official
- 33 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
Gazette. Thus, there is clear breach of the Section 5(1)(b) of
the Act, 1948.
42. Thus, the violation of the mandatory procedures in
the decision making process, before publishing the notification
dated 17.01.2023 impugned in Writ Petition No.14466/2023
stands established. Hence, the said notification dated
17.01.2023 has to be quashed.
43. The Government claims to have conducted
meetings of the Advisory Board in the presence of
representatives of the stakeholders on 06.09.2022 and
23.01.2022. It is an admitted factual position that no
consensus was arrived at in the meeting held on 06.09.2022
and thereafter the Government issued the impugned
notifications. For the reasons already recorded where the Court
has held that the mandatory provisions of Act, 1948 are
violated, the stand taken by the Government that meetings
have been held and stake holders have been consulted before
issuing notifications dated 17.01.2023 does not merit
consideration to hold that procedural volitions of not complying
- 34 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
with the mandatory provisions of Section 5 of the Act, 1948
have to be ignored.
44. Apart from the glaring violation of mandatory
requirements of Section 5 of the Act, 1948, the impugned
notifications base their wage fixation under the notification
dated 31.10.2019. It is evident that the impugned notification
reveals that wage is enhanced by 14% over and above the
wage fixed under the notification dated 31.10.2019. The
Division Bench had held that the notification dated 31.10.2019
is inoperative in the Writ Appeals discussed supra . It appears
that appropriate Government has taken the wages fixed under
the notification dated 31.10.2019 as the yardstick to revise the
wages. The wages fixed or revised under the notification dated
31.10.2019, cannot be the yardstick for any purpose as it was
held to be inoperative in Writ Appeal No.1611/2019.
45. In addition, the wages fixed under the notification
dated 17.01.2023 appear to be lower than the wages fixed
under the notification dated 30.12.2017. The Court does not
take a view that the appropriate Government cannot lower the
minimum wages fixed under earlier notification at any cost or
- 35 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
under any circumstances. If there is or are strong compelling
reason/s for such a downward revision, the Government may
reduce the wages. However, such compelling reason/s is/are
not forthcoming in the impugned notifications. The wages in
some States, being lower cannot necessarily be the criterion for
downward revision of wages, in all circumstances. On that
score also the revision of wages does not appear to be logical
and justifiable.
46. The Court need not and will not dwell much into
reasons for downward revision, as the notifications are struck
down for violation of Section 5 of the Act, 1948. The
appropriate Government must carry out the fresh exercise for
revision of wages, at least in respect of Garments, Costumes
and Tailoring Establishments as the Division Bench in W.A. No.
1611/2019 has directed to take further steps pursuant to the
notification dated 22.02.2018. And for other three industries
covered under notifications dated 31.12.2017 referred to
above, the Government has the option of carrying out fresh
wage revision exercise, again as held in Writ Appeal
No.1520/2019 and connected matters.
- 36 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
On the question of interest payable .
47. Though there is no specific prayer in the petitions
seeking direction to pay interest on the unpaid wages, the issue
needs to be addressed as there is reference to order relating to
payment of interest in the pleading, documents and the written
submissions. More so, because the said issue has attained
finality in respect of notifications dated 30.12.2017 (subject to
review petition said to be pending in this behalf and admittedly
there is no stay order in the said review petition).
48. Under the Act, 1948, wage revision ideally should
take place before five years. The records placed before the
Court indicate that the last wage revision for the industries in
question took place in 2014, before the three final notifications
dated 30.12.2017 which were subject matter of dispute
referred to above.
49. It is submitted at the Bar that the wages payable
under the notifications dated 30.12.2017 are not paid.
50. The learned Single Judge in Writ Petition Nos.8388-
8417/2017 and connected matters directed payment of 6%
interest per annum on the unpaid wages from the date from
- 37 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
which the wages became due. It appears that the learned
Single Judge referred to the notifications dated 30.12.2017.
51. The said part of the order in the Writ Petition No.
8388-8417/2017 is also assailed before the Division Bench in
Writ Appeal No.1611/2019 and connected matters. The Division
Bench in terms of order dated 13.04.2020 has upheld the order
directing payment of interest. Paragraph No.90 of the order in
Writ Appeal No.1520/2019 and connected matters reads as
under.
“90. Another criticism is made about the direction of the
learned Single Judge to pay interest at the rate of 6% per
th
annum on the minimum wages fixed from 30 December
2017. The learned Single Judge has given the reasons for
the said direction. The impugned minimum wages
notifications were not implemented on account of interim
relief granted in the petitions filed by the employers.
After finding that there was no illegality in the rates of
minimum wages fixed under the impugned notifications,
for compensating the employees, this reasonable direction
of payment of interest at the rate of 6% has been issued.
The employees became entitled to wages at the revised
th
rates from 30 December 2017. Hence, they are entitled
to interest at the reasonable rate of 6% per annum.”
(emphasis supplied)
- 38 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
52. The Co-ordinate Bench of this Court in Writ Petition
No.9268/2020 in terms of order dated 09.02.2021 has held as
under:
" It is further needless to observe that employees are
entitled to the payment of wages with effect from
30.12.2017 along with interest @ 6% per annum as
granted by the Hon'ble Division Bench which is also
required to be paid by the petitioner-Union within three
months from the date of receipt of the copy of this order".
53. It is relevant to note that order passed in the
Division Bench has attained finality as the Special Leave
Petition No.8240/2020 filed by the Employers' Association is
dismissed by the Apex Court.
54. Though the learned Senior counsel appearing for
respondents No.5 and 6 would urge that the direction to pay
interest in the aforementioned Writ Petitions and Writ Appeals
cannot be made applicable to the industries covered under the
impugned notifications dated 17.01.2023, the Court is unable
to accept the said contention.
55. The validity of the order dated 22.03.2018 which
recalled notifications dated 30.12.2017 and 22.02.2018 was
- 39 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
under challenge in the Writ Appeal No.1520/2019. After
reviving the notifications dated 30.12.2017 and 22.02.2018,
the Court held that the employees are entitled to interest on
the unpaid wages in terms of the notifications dated
30.12.2017. The observations in paragraph No. 90 extracted
above leaves no doubt about the entitlement of interest. Hence,
the employees covered under the three notifications dated
30.12.2017 in respect of the industries which are subject
matter of the present writ petitions, are entitled to interest on
unpaid wages in terms of the notifications dated 30.12.2017.
56. The interest is payable from the date when the
wages became payable under the said notifications dated
30.12.2017. If no such date is fixed under the notifications,
then the interest is payable immediately after expiry of three
months from the date of issuance of notifications dated
30.12.2017 as same is the requirement under Section 5(2) of
the Act, 1948.
57. For the aforementioned reasons, the Court is of the
view that the employers are liable to pay interest on the unpaid
- 40 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
wages in terms of the three notifications dated 30.12.2017
referred to above.
On the effect of repeal of the Minimum Wages Act, 1948,
in terms of the Code on Wages, 2019 (Code, 2019).
58. Learned Senior counsel appearing for respondents
No.5 and 6 also urged that the present Writ Petitions seeking
actions and reliefs under the provisions of the Act, 1948 are not
maintainable in view of the repeal of Act, 1948 on
commencement of the Code, 2019 which came into effect from
21.11.2025.
59. Elaborating, the learned Senior Counsel made
following points.
(a) Section 69 of the Code, 2019, establishes a two-
tier saving mechanism: Primary saving under
Section 69(2) (specific, transitional, deeming),
and Supplementary saving under Section 6 of the
General Clauses Act (general).
(b) Section 6 of the Act, 1897 operates subject to
the legislative intention expressed in Section
69(2); it cannot override or expand it.
- 41 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
60. It is also urged that Section 69(2) of the Code,
2019 does not:
a. preserve the repealed Act as a source of
power
b. preserve repealed procedures under the
repealed Act
c. authorise re-exercise of powers under the
repealed statute;
as a result, the repeal of the Act, 1948, by the Code,
2019 closes the chapter on the Minimum Wages Act,
1948 as an operational law.
61. It is further urged that, Section 6, of the Act,1897,
as applied by Section 69(3) of Code,2019, preserves:
a. the previous operation of the repealed Act,
and
b. rights, obligations, or liabilities already
accrued, and
c. legal proceedings in respect of such accrued
rights or liabilities.
62. In addition it is also urged that Section 6 of the
Act, 1897 does not save:
a. mere right to invoke a statutory procedure,
b. right to insist upon re-exercise of statutory power,
or
- 42 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
c. the statutory competence itself as a source of power
under the repealed Act, 1948
63. Learned Senior Counsel summed up his submissions
on the effect of Section 69 of the Code, 2019, as under:
a. Accrued consequences namely, wages
fixed, liabilities incurred, enforcement
proceedings survive.
b. Statutory power to fix or re-fix wages
under the Act, 1948 does not survive
and same stands extinguished.
c. Proceedings may continue, but relief
is limited - Courts may examine past
actions,- but cannot issue directions
requiring compliance with repealed
provisions.
d. All future action must be under the
Code - including wage fixation,
revision, or procedural exercise.
e. Section 69 of the Code, 2019, saves
outcomes, not authority; Section 6 of
the Act,1897 saves accrued rights,
not repealed powers.
- 43 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
64. In support of his contentions, learned Senior
Counsel for the employers placed reliance on the following
judgments:
(a) Gajraj Singh and others v. The State Transport
14
Appellate Tribunal and others
(b) M/s. P.V. Mohammad Barmay Sons v. Directorate
15
of Enforcement
(c) Tarak Chandra Mukherjee and others v. Ratan Lal
16
Ghosal and others
(d) Pernod Ricard India Private Limited v. State of
17
Madhya Pradesh and others
(e) State of U.P. and others v. Hirendra Pal Singh and
18
others
Consideration on the effect of Section 69 of the Code,
2019.
65. Section 69 of the Code, 2019 reads as under:
“ 69. Repeal and savings:
1) The Payment of Wages Act, 1936 (4 of 1936),
the Minimum Wages Act, 1948 (11 of 1948), the
14
AIR 1997 SC 412
15
1993 Supp (2) SCC 724
16
AIR 1957 Cal 257
17
(2024) 8 SCC 742
18
MANU/SC/1030/2010
- 44 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
Payment of Bonus Act, 1965 (21 of 1965) and the
Equal Remuneration Act, 1976 (25 of 1976) are
hereby repealed.
2) Notwithstanding such repeal, anything done or
any action taken under the enactments so
repealed including any notification, nomination,
appointment, order or direction made there under
or any amount of wages provided in any provision
of such enactments for any purpose shall be
deemed to have been done or taken or provided
for such purpose under the corresponding
provisions of this Code and shall be in force to the
extent they are not contrary to the provisions of
this Code till they are repealed under the
corresponding provisions of this Code or by the
notification to that effect by the Central
Government.
3) Without prejudice to the provisions of sub-
section (2), the provisions of section 6 of the
General Clauses Act, 1897 (10 of 1897) shall apply
to the repeal of such enactments.”
66. Admittedly Section 69(1) of Code, 2019 repealed
the Act, 1948 with effect from 21.11.2025. Sub-sections (2)
and (3) of Section 69 of the Code, 2019 deal with savings in
respect of certain things done and actions taken under the
repealed Act, 1948.
- 45 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
67. Sub-Clause (2) of Section 69 of the Code, 2019
aims at maintaining continuity under the provisions of the
Code, 2019, relating to anything done or actions taken under
the repealed Act, 1948, as if such certain actions taken or
done are under the corresponding provisions of the Code
2019 . However, such continuity is qualified. Only those actions
taken or anything done, including any orders, directions,
appointments, notifications, under the Act, 1948 which are not
inconsistent with the Code 2019, will be deeed to have been
done under the Code, 2019, and will be put in to operation
under the Code 2019 .
68. As a logical corollary, and also because of the
expression “shall be deemed to have been done or taken
or provided for such purpose under the corresponding
provisions of this Code and shall be in force to the extent
they are not contrary to the to the provisions of this
Code till they are repealed under the corresponding
provisions of this Code or by the notification to that
effect by the Central Government” found in Section 69(2)
of the Code 2019, may also mean that the anything done
which is inconsistent with the provisions of the Code 2019 shall
- 46 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
not be deemed to have been done or continued under the
Code, 2019 . Validity of such actions taken under the Act, 1948,
which are contrary to the provisions of the Code, 2019 will
dependent on the implication of Section 6 of the Act, 1897 .
69. The same expression in Section 69(2) of the Code,
2019, culled out above in the preceding paragraph, also would
mean that anything done or taken under the Act, 1948, which
is not inconsistent with the provisions of the Code,2019,
shall be in force only till they are repealed under the
Code 2019 . In other words such action taken, or anything
done under the Act, 1948 can be repealed under the
corresponding provisions of the Code, 2019.
70. Section 69(3) of the Code, 2019 starts with the
expression “without prejudice to the provisions of sub-
section (2), the provisions of Section 6 of the General
Clauses Act, 1897 (10 of 1897) shall apply to the repeal
of such enactments”. Thus, it is evident that the Section 6 of
the Act, 1897 will have to yield to Section 69(2) to some
extent. This is also so because Section 6 of the Act, 1897 also
uses the expression “ unless a different intention appears,
- 47 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
the repeal shall not:”. Thus, Section 6 of the Act, 1897 does
not override and nullify the effect of sub-section (2) of Section
69 of the Code, 2019. At the same time the Act, 1897 has a
purpose to serve as Section 69(3) of the Code, 2019 refers to
the Act, 1897.
71. At this juncture it is necessary to reproduce Section
6 of the Act, 1897 as Section 69 (3) of the Code, 2019, makes
reference to the said Act, 1897.
“6. Effect of repeal
Where this Act, or any Central Act or
Regulation made after the commencement of
this Act, repeals any enactment hitherto
made or hereafter to be made, then, unless
a different intention appears, the repeal shall
not:
(a) revive anything not in force or existing
at the time at which the repeal takes
effect; or
(b) affect the previous operation of any
enactment so repealed or anything
duly done or suffered thereunder; ог
- 48 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
(c) affect any right, privilege, obligation
or liability acquired, accrued or
incurred under any enactment so
repealed; or
(d) affect any penalty, forfeiture or
punishment incurred in respect of any
offence committed against any
enactment so repealed; or
(e) affect any investigation, legal
proceeding or remedy in respect of
any such right, privilege, obligation,
liability, penalty, forfeiture or
punishment as aforesaid;
and any such investigation, legal proceeding
or remedy may be instituted, continued or
enforced, and any such penalty, forfeiture or
punishment may be imposed as if the
repealing Act or Regulation had not been
passed.”
(emphasis supplied)
72. Section 6 of the Act, 1897 under clauses (b) to (e)
would specifically deal with anything done and suffered under
the repealed Act, 1948 and also pending legal proceedings and
investigations. Clause (e) of Section 6 of the Act, 1948 uses the
expression “ and any such investigation, legal proceeding or
- 49 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
remedy may be instituted, continued or enforced”. It is explicit
that the fresh legal proceedings can be instituted, pending
proceedings can be continued and concluded proceedings
resulting into an order, can be enforced under the repealed Act,
1948, subject to other conditions of Section 6 of the Act, 1897,
and Section 69 ( 2) of the Code 2019.
73. At the same time, one has to notice that Section
69(2) of the Code 2019, speaks about the notification,
nomination, appointment, order or direction made under the
repealed Acts. Conspicuously, there is no reference to the
orders passed in the legal proceedings which have determined
the rights and liabilities of the parties and on the pending legal
proceedings .
74. Thus, the Court is of the view that both Section
69(2) of the Code, 2019 and Section 6 of the Act, 1897 to
some extent operate in a different field. The purpose of Section
69(2) of the Code, 2019 is to ensure smooth transition and
continuity of the actions taken under the Act, 1948 as if the
actions taken under the Act, 1948 are done under the
- 50 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
corresponding provisions of the Code, 2019, as long as there is
no inconsistency.
75. Section 6 of the Act, 1897 saves the accrued rights
and liabilities and provides for continuity of legal proceedings
initiated under the Act, 1948 or to enforce the rights and
liabilities accrued under the Act, 1948 . There is no conflict
between the two provisions. Both Section 69 (2) of the Code,
2019 and Section 6 of the Act, 1897 are supplemental to each
other. Both provisions have to be read harmoniously to achieve
the object of Section 69 of the Code, 2019 which aims at
integrating and providing continuity of the actions under the
repealed Act, 1948, in the new Code, 2019, and also preserving
and enforcing the rights and liabilities accrued under the Act,
1948 .
76. Now the Court has to consider how Section 69 of
the Code, 2019, applies to the preset case. The answer to this
question depends on whether any right has been crystallised in
favour of the petitioners under the Act, 1948.
77. As already noticed, the wage revision has to take
place within 5 years from the date of first fixation or previous
- 51 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
revision. The earlier revision took place in the year 2014. The
next revision which took place vide notifications dated
30.12.2017. Those notifications (and other notifications as well)
were withdrawn vide order dated 22.03.2018. The order dated
22.03.2018 was set aside in W.A.No.1520/2019 and connected
matters, and the Apex Court did not entertain the challenge to
the order passed in Writ Appeal. As a consequence, the workers
covered under the said three notifications dated 30.12.2017 are
entitled to the benefit the under the said notifications, till they
are revised in accordance with law.
78. Thus, the rights of the parties to the proceedings
have been crystallised in terms of the Court order in W.A.
No1520/2019, in so far as three notifications dated 30.12.2017.
This rights accrued under the order upholding the validity of the
notifications dated 30.12.2017, are saved. At the same time
the Government’s right to revise the wages fixed under
notifications dated 30.12.2017, reiterated in the same order is
also saved. Both these savings are under Sections 6 (c) and (e)
of the Act, 1897.
- 52 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
79. Applying the same analogy the rights of the parties
in W.P.No.14466/2023, to have the wages revised by
proceeding further pursuant to the draft notification dated
22.02.2018 is crystallized in terms of the orders in Writ Appeal
No.1611/2019 and connected matters. Hence, the appropriate
Government has to now proceed pursuant to the draft
notification dated 22.02.2018, to revise the wages in respect
of the industries covered under the said notification, for such
period as available under the Act, 1948, and further till
21.11.2025 on which date, the Act, 1948 is repealed.
80. This would be the consequence even applying the
ratio laid down in Gajraj Singh, M/s. P.V. Mohammad
Barmay Sons, Tarak Chandra Mukherjee, Pernod Ricard
India Private Limited and State of U.P. and others,
(supra) cited by the learned Senior Counsel for the
respondents No. 5 and 6.
81. Thus, the Court is of the view that the Writ Petitions
do not become infructuous and they survive for consideration
on merits. Opposite view will run counter to the object of
Section 69 of the Code, 2019.
- 53 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
82. Since the notifications dated 17.01.2023, which
revised the wages fixed earlier under the three notifications
dated 30.12.2017 are quashed, the appropriate Government
can revise the wages with effect from the date it undertook the
wage revision exercise, post the order of the Division Bench in
W.A.No.1520/2019 or any other date that can be fixed under
the Act, 1948, and for the said purpose, has to follow the
procedure prescribed under the Act, 1948 as such a course of
action is saved under Section 6 (e) of the Act, 1897, which
uses the expression “as if the repealing Act or Regulation had
not been passed”.
83. Applying the same analogy, the wage revision has
to take place by taking draft notification dated 22.02.2018 to
the logical end under the provisions of the Act, 1948, as that is
the mandate of the order in Writ Appeal No.1611/2019 and
connected matters and also the requirement under Section 69
of the Code, 2019 and Section 6 of the Act, 1897. The right of
the workers to have the wage revision exercise pursuant to
draft notification dated 22.02.2018 completed, and the
obligation on the appropriate Government to conclude the
proceeding pursuant to the very same draft notification, in
- 54 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
accordance with law, was crystallized in terms of the order
passed in Writ Appeal No.1520/2019 and connected matters.
Conclusions on the interpretation of Section 69 of the
Code, 2019.
84. The following principles emerge from the combined
reading of Section 69 of the Code, 2019 and Section 6 of the
Act, 1897.
(a) The Minimum Wages Act, 1948 stands repealed with
effect from 21.11.2025 by operation of Section 69(1)
of the Code on Wages, 2019.
(b) The action taken or anything done under the Act,
1948, shall be deemed to have been done under the
corresponding provisions of the Code, 2019 if, such
orders or actions taken or notifications or directions
issued are not contrary to the corresponding
provisions of the Code on Wages, 2019.
(c) Such orders, actions taken or notifications or
directions issued under the Act, 1948, which are not
contrary to the provisions of the Code, 2019 shall be
- 55 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
valid till it is repealed in accordance with the
provisions of the Code, 2019.
(d) Such orders, actions taken or notifications or
directions issued under the Act, 1948 can be repealed
by notification by the Central Government under the
corresponding provisions of the Code, 2019.
(e) The rights and liabilities accrued under the orders
passed under the Act, 1948 are saved under Section
69(3) of the Code, 2019 read with Section 6 of the
Act, 1897, and can be enforced as if the Act, 1948 has
not been repealed.
(f) Section 69(2) and Section 69(3) of the Code, 2019
operate in a different field. Section 69(2) of the Code,
2019 provides for continuity of the actions, orders,
directions, notifications issued under the Act, 1948, as
if such actions, orders, directions, notifications are
issued under the Code, 2019 as long as they are not
contrary to the provisions of the Code, 2019 or till
they are repealed by a notification by the Central
Government.
- 56 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
(g) Section 69(3) of the Code, 2019, without prejudice to
Section 69(2) recognizes the savings provided in
Section 6 of the Act, 1897. Noticeably, Section 69 (2)
of the Code 2019, does not refer to legal proceedings
and orders passed in the legal proceedings. Section
69(3) of the Code, 2019 and Section 6 of the Act,
1897, which specifically refers to legal proceedings to
be initiated, or pending saves all the rights and
liabilities accrued under the Act, 1948 and such rights
and liabilities are enforceable under the Act, 1948 as if
the Act, 1948 is not repealed.
(h) The exercise undertaken to revise the wages fixed
under the Act, 1948, prior to 21.11.2025, pursuant
to a legal right or liability accrued, for such wage
revision prior to 21.11.2025, or as consequence
of an order in a legal proceeding commenced,
pending or concluded prior to 21.11.2025 , shall
be governed by provisions of the Act, 1948.
- 57 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
On the remaining prayer in the writ petitions.
85. There is a prayer to direct fixation of wages in Writ
Petition No.17959/2023, Writ Petition No.18020/2023 and Writ
Petition No.17984/2023, in terms of notification dated
28.07.2022 marked at Annexure – F. The notification dated
28.07.2022 is in respect of a different industry. The Court is of
the view that such a prayer may not be maintainable given the
fact that the requirement of each industry may vary from one
another.
86. It is for the appropriate Government to take such
steps as advised in law, to fix or revise the minimum wages in
respect of the industries under consideration in these petitions.
Such exercise shall be by the authority under the Code, 2019
and the parameters to be taken into consideration to fix/revise
the minimum wages till the commencement of the Code, 2019
shall be under the Act, 1948.
87. The petitioners in Writ Petition No.17959/2023, Writ
Petition No.18020/2023 and Writ Petition No.17984/2023 have
also prayed for a direction to pay wages in terms of the
- 58 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
notifications dated 30.12.2017 as applicable to respective
industries for the period covering 30.12.2017 to 17.01.2023.
88. As already noticed the Division Bench of this Court
has revived the notifications dated 30.12.2017 with an option
to the Government to revisit the same and also reserved the
liberty to the aggrieved party to challenge the same. The
challenge to the said notifications dated 30.12.2017 in Writ
Petition No.9268/2020 was not pursued and the petitioner-
Union in the said Writ Petition sought a direction to consider the
representation dated 20.05.2020.
89. The Government chose to revisit the fixation of
minimum wages fixed under the notifications dated
30.12.2017. However, the said exercise was not carried out in
accordance with law and in these petitions, the Court has stuck
down the notifications dated 17.01.2023. This being the
position, the employees covered under the notifications dated
30.12.2017 as applicable to the industries under consideration
in these petitions are entitled to wages fixed under the
applicable notifications dated 30.12.2017 till the revision of
wages takes place. However, it is made clear that in Writ
- 59 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
Appeals referred to above, in terms of order dated 13.04.2020,
the Court has held that the Government can revise the wages
fixed under the notifications dated 30.12.2017 in accordance
with the Act, 1948. Thus, such wage revision can be effective
from the date to be fixed in such notification , and if no such
date is fixed, then under Section 5(2) of the Act, 1948 it will be
effective three months from the date of the notification. The
expression from the date to be fixed in such notification , under
Section 5(2) of the Act, 1948, would also mean that the
revision of wages can be given retrospective effect.
90. In the instant case, the attempt to revise the wages
by issuing notification dated 22.03.2018 is held to be ultra vires
the Act, 1948 vide order dated 13.04.2020 in
W.A.No.1520/2019. Post the said judgment, revision was
notified on 17.01.2023 which is held to be in contravention of
the Act, 1948 in this order. Under these circumstances, the
Court is of the view that the wage revision in respect of the
three notifications dated 30.12.2017 cannot be given
retrospective effect earlier to the 13.04.2020, i.e., the date of
the order in W.A.No.1520/2019. It can be any date thereafter
- 60 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
to be specified in the notification, and in case not specified,
shall come into effect three months after the notification.
91. As already held the workers eligible to the wages
fixed under the three notifications dated 30.12.2017 referred to
above, are also entitled to 6% interest per annum, from the
due date, till actual payment, on the unpaid wages, under the
said notifications and also difference unpaid wages payable, if
any , under the new notifications to be issued pursuant to this
order.
92. The prayer to fix Rs.29,090.91/- per month as
minimum wage for unskilled worker is not tenable and it is for
the appropriate Government to fix/revise the wages as required
under law.
93. In Writ Petition No.14466/2023, the prayer is to
direct payment of wages from 01.04.2018 to 31.03.2023 as per
the wages fixed under the draft notification dated 22.02.2018.
94. As already noticed, the Division Bench in the
aforesaid Writ Appeals has held that the Government has to
take steps for fixation of wages pursuant to draft notification
dated 22.02.2018. The exercise carried out thereafter
- 61 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
culminated in a notification dated 31.10.2019 and same was
held to be inoperative and direction is given to fix the wages by
following the procedure under the Act, 1948.
95. Since, the wages fixed under the draft notification
are not final, the petitioner cannot seek a direction to fix wages
as per the draft notification dated 22.02.2018.
Regarding interest payable on the unpaid difference of
the wages, if any, post revision of wages pursuant to
notification dated 22.02.2018.
96. It is stated that the employees of the industry
covered under the draft notification dated 22.02.2018 are still
covered under the final wage notification of the year 2014.
Under the Act, 1948, the revision has to take place within five
years. In the other three Writ Petitions referred to above, the
final notifications were issued on 30.12.2017. This Court
following the order dated 13.04.2020 in W.A. No.1520/2019
has held that the employees covered under the notifications
dated 30.12.2017 in respect of the industries under
consideration in these petitions are entitled to the interest on
unpaid wages under notifications dated 30.12.2017, till the
revision takes place in accordance with law.
- 62 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
97. Unfortunately for the Garments, Costumes and
Tailoring establishments, there is no final revision of wages
since 2014. The exercise undertaken on 22.02.2018, to revise
the wages, has not attained finality and on two occasions
(including this order) the Court has struck down the
notifications revising the wages. If such workers are still paid
the wages under the 2014 notifications, and in case, the wages
are revised post 2019 (after expiry of 5 years from 2014
notification) and if the wage revision is upward, then it would
be that the unpaid difference of wages (if there is an upward
revision) is with the employer from the due date. In other
words, the workers are deprived of their due wages to the
extent of unpaid difference.
98. The situation calls for some equitable measure to
award interest. The Court is taking this measure, though there
no specific prayer in the petition to award interest. The order
for payment of interest on the unpaid revised wages (if wages
revised are higher than the existing wages) can be
accommodated in prayer (d) in W.P.No.14466/2023, where the
petitioner has prayed for such other relief in the interest of
justice.
- 63 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
99. In case, there is upward revision of wages, for the
workers of the industries covered under the notification dated
22.02.2018, the date to be fixed for such revision shall be
within 5 years from the previous revision dated 21.02.2014 . In
which event, it would mean that revised unpaid wages payable
to the workers in the industries covered under the notification
dated 22.02.2018 remained with the employers. Thus, it would
be equitable to direct the employers of such industries to pay
interest @ 6% p.a. on unpaid revised wages, from the date
when the wages fell due, till payment, in case there is upward
revision in wages.
100. The payment of interest as directed above for all
the industries shall be subject to final revision of wages . If the
final wages to be fixed are less than three notifications dated
30.12.2017 referred to above, and less than the wages now
paid to the workers of the industries covered under the
notification dated 22.02.2018, then the excess amount paid
and interest paid on excess amount shall have to be adjusted in
a staggered manner, in the future wages to be paid under the
final notifications to be issued and such excess amount and the
interest component on such excess amount shall be treated as
- 64 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
advance wage under the new final notifications to be issued
post this order.
101. Hence, the following:
ORDER
(i) Writ Petition No.18020/2023, Writ Petition
No.17959/2023, Writ Petition No.17984/2023
are allowed-in-part.
(ii) Consequently, the impugned notification dated
17.01.2023 bearing No.KE 2 LWA 2023 in each
petitions referred to in paragraph No.(i) is
quashed.
(iii) The appropriate Government if deems fit, may
fix/revise the minimum wages fixed vide the
notifications dated 30.12.2017 impugned in
Writ Petitions referred to above in paragraph
No.(i), for the applicable period up to five years
from 30.12.2017.
(iv) Till the minimum wages are fixed/revised for
the workers of the industries referred to above
- 65 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
in paragraph No.(iii), the workers working in
such industries are entitled to minimum wages,
for the period commencing from 30.12.2017 till
it is revised under a new notification.
(v) On the unpaid wages in terms of three
notifications dated 30.12.2017, the workers are
entitled to interest @ 6% p.a. from the date
when such wages fell due, till actual payment.
(vi) The order awarding interest is subject to such
adjustments referred to in paragraph No.100 in
respect of the industries covered under three
notifications dated 30.12.2017.
(vii) Writ Petition No.14466/2023 is allowed-in-
part.
(viii) The appropriate Government shall fix/revise
the minimum wages in respect of the industries
referred to above in terms of the notifications
dated 22.02.2018 for the applicable period,
by taking further steps pursuant to the draft
- 66 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
notification dated 22.02.2018, as contemplated
under the Act, 1948.
(ix) The workers of the industries covered under the
notification dated 22.02.2018 shall be entitled
to interest @ 6% p.a. from the due date, in
case the revised wages are in excess of
existing wages in terms of the new notification
to be issued, till actual payment.
(x) The effective date for revision of wages under
the notification to be issued for the industries
covered under notification dated 22.02.2018,
shall be a date within 5 years from 21.02.2014,
i.e. the date of last revision for such industries
in 2014.
(xi) The order directing interest on wages to be
notified for the industries covered under
notification dated 22.02.2018 shall apply only
in case there is upward revision.
(xii) This order shall not be construed as an order
mandating upward or downward revision of
- 67 -
WP No. 18020 of 2023
C/W WP No. 14466 of 2023
WP No. 17959 of 2023
AND 1 OTHER
wages. It is for the appropriate Government to
decide the appropriate wages by taking into
consideration all the relevant factors.
(xiii) The exercise shall be completed under the
provisions of the Payment of Wages Act, 1948
as the rights and liabilities for revision of
wages having crystallised under the Act, 1948.
(xiv) The exercise shall be completed as
expeditiously as possible, at any rate, within 6
months from the date of this order.
(xv) No order as to costs.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
BRN