01Facts
Minimum wages for three scheduled employments—Cloth Dyeing and Printing, Textile (Silk), and Spinning Mills—were revised by final notifications dated 30 December 2017. The State withdrew those notifications in March 2018; a Division Bench later set aside the withdrawal, revived the 2017 notifications, and held a subsequent notification dated 31 October 2019 inoperative, while preserving the State’s power to revise wages in accordance with the Minimum Wages Act, 1948.
¶ 4–7On 17 January 2023, the State issued notifications revising wages by applying a 14% increase to the 2019 rates. The Union challenged those notifications. The Single Judge quashed them, directed payment of wages under the revived 2017 notifications with 6% interest, and ordered a fresh revision exercise.
¶ 8–13The Karnataka Textile Mills Association appealed.
¶ 14–1602Issues
i.1. Whether the State’s 17 January 2023 wage-revision notifications complied with the statutory procedure under the Minimum Wages Act, 1948, including publication of proposals in the Official Gazette.
¶ 18–21ii.2. Whether the State could use the 31 October 2019 rates, declared inoperative by the Division Bench, as the baseline for the 2023 revision.
¶ 22iii.3. Whether the directions concerning the revived 2017 wage notifications, interest, and a fresh revision exercise remained valid following repeal of the 1948 Act.
¶ 24–2703Law Applied
Under Sections 3(1)(b) and 5(1)(b) of the Minimum Wages Act, 1948, minimum wages must be revised in accordance with the Act, and the proposal procedure—including publication in the Official Gazette to invite objections—is mandatory; stakeholder meetings cannot substitute for that statutory step.
¶ 4, 19–21The State’s power to revise wages under Section 5(2) does not permit reliance on a notification judicially declared inoperative as the basis for a new determination.
¶ 22–23The Division Bench’s final judgment in W.A. No. 1520/2019 revived the 30 December 2017 notifications and affirmed workers’ entitlement to the wages and 6% interest on unpaid differences; that determination was confirmed by a coordinate Bench and attained finality after dismissal of the SLP.
¶ 25Section 69(3) of the Code on Wages, 2019, read with Section 6 of the General Clauses Act, 1897, preserves accrued rights, liabilities, and pending proceedings despite repeal.
¶ 26Provisions in the judgment · 3 · Linked ones open on LawLens
KARNATAKA HIGH COURT ACT, 1961 Section 4
Code on Wages, 2019 Section 69
General Clauses Act, 1897 Section 6
04Reasoning
The Court held that the State’s 2022 meetings and consultations did not satisfy the mandatory Gazette-publication requirement under Section 5(1)(b), so the 2023 notifications were procedurally defective.
¶ 21They were also founded on the 2019 rates, which had been declared inoperative, and therefore could not serve as the statutory baseline.
¶ 22The direction to apply the revived 2017 notifications and award 6% interest was consistent with the final and binding prior adjudication.
¶ 25Repeal did not extinguish accrued rights or prevent completion of the court-directed process, and the fresh revision was appropriately constrained to take effect no earlier than 13 April 2020.
¶ 24, 26The reference in the Single Judge’s order to the “Payment of Wages Act, 1948” was treated as a typographical misdescription.
¶ 2705Holding
The Court answered the appeal against the appellant, finding no factual or legal infirmity in the Single Judge’s order.
¶ 28It dismissed the appeal and confirmed the order quashing the 17 January 2023 notifications, preserving workers’ entitlement to wages under the revived 30 December 2017 notifications with 6% interest on unpaid differences, and requiring a fresh wage-revision exercise.
¶ 13, 28Original Court PDF
KARNATAKA TEXTILE MILLS ASSOCIATIONvsGARMENT AND TEXTILE WORKERS UNION (R)
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