Legal Question in Employment Law in

A contractor lodged a claim for labour escalation based on the notification of Regional Labour Commissioner (Central), Guwahati vide which it was notified that Minimum rate of wages of Central Government after increased of VDA are higher than those fixed by the Government of Nagaland vide their Notification No. LAB-1/4/97 dated 15-1-2000. Therefore, the Minimum rate of wages payable in the State of Nagaland to the workers of the Central w.e.f. 1st April 2002 has been specified in the scheduled of the said circular.
In compliance with the said circular, the Joint Labour Commissioner, Govt. of Nagaland, vide Circular No. LRB-TECH/169/89 dated 10th March 2003 brought to the notice of all concerned that �with reference to notification No. S.O. 513 (E) dated 12-7-1994 of the Government of India, Ministry of Labour, New Delhi. It is obligatory and mandatory to follow rules and the Minimum Wages Act, 1948 framed /fixed by the Central Government or by the Government of Nagaland whichever is higher.
By the said Circular, it was also brought to the notice that the Minimum rates of wages fixed/revised for the employment of labours shall be payable to workers by the State Government of Nagaland or Central Government whichever is higher and instructed to follow the above Circular No. GR 93 (I) 96-Cor- LS II dated 23-05-2002 of the Regional Labour Commissioner (Central), Guwahati, for different categories of workers in the Construction work, which is applicable in the State of Nagaland.
The Assistant Labour Commissioner (Central), Government of India, Ministry of Labour, Silchar vide Certificate No. 92 (1)/82-S/A/125 dated 1st September 2000 certified that the Minimum rate of wages fixed from time to time under the provisions of Minimum Wages Act, 1948 and its Central Rules 1950 by the Government of India, Ministry of Labour, New Delhi, which are applicable in �C� Category w.e.f. 4-10-1997 are applicable in the State of Nagaland as the rates fixed by the Nagaland State Government are lower than the rates fixed by the Central Government.But the Contractor does not fulfill Section 21(2) and 21 (3) of the Contract Labour (Regulation and Abolition) Act, 1970. Can the claim be paid ?

Asked on 10/04/10, 12:56 am

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since the claim is just based on the government notification it should be honoured, unless there are other facts which would disentitle the claimant

Answered on 10/04/10, 4:14 am

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