Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - India (Ratification: 1955)

The Committee requests the Government to provide information on the following matters raised in its previous direct request:

1. The Committee recalls that, in connection with the comments submitted previously by the Steel Workers' Federation of India, it requested the Government to communicate information on the measures taken to ensure the payment of wages not less than the prescribed minimum rates to the contract workers employed by the Steel Authority of India Ltd. (SAIL), and on the measures taken following the decision of the Supreme Court of India, dated 14 November 1988.

The Government stated in its last report that, following the Supreme Court decision, the Government of West Bengal had issued a notification on 15 July 1989, prohibiting employment of contract labour in the stockyards of SAIL in the vicinity of the Calcutta Port, and that, in view of the need of appropriate rehabilitation for the contract labourers, the final date for disengaging the contract labour had not yet been fixed. The Government also indicated that the contract on terms and conditions provides for the payment of wages not less than the minimum wages and for a system of a certificate of wage payment. It further stated that in the Calcutta Port stockyard, the tripartite negotiation including the contractors, the contract labour union and the Government of West Bengal made the wage settlements, under which the current minimum wage rate for unskilled manual labour was higher than the prescribed minimum wage. The Committee notes these indications and requests the Government to continue supplying information on this issue including, in particular, the text of relevant notifications made by the Government of West Bengal.

2. Regarding the implementation of the legal minimum wage in respect of cinema workers in West Bengal, the Committee previously requested the Government to supply information on the efforts undertaken by the government of West Bengal, so that cinema workers will be paid at a rate corresponding to the legal minimum at least. The Committee noted that the Government's last report simply indicated in this regard that the Committee would be informed about further developments, if any. The Committee requests the Government to indicate whether there has been any court decision on the appeal of 1976 against the notification of 1970 fixing the minimum wage rates. It would be grateful if the Government would provide further information on the practical application of the minimum wages to those workers, including, for example, the results of inspection, the cases of violation observed, and any sanctions imposed.