Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

1. In its previous comments, the Committee referred to the observations made by the Mahabubnagar District Contract Labour Union concerning the non-payment of minimum wages to the migrant labourers of the Mahabubnagar District. The Committee notes the reply supplied by the Government according to which a claim application was filed on 15 May 1997 under the Payment of Wages Act, 1936. The Committee requests the Government to provide information on the outcome of this claim.

2. The Committee takes note of the observations made by the Gujarat Mazdoor Panchayat concerning the non-payment of wages fixed under the Minimum Wages Act, 1948, and the Gujarat Minimum Wages Rules, 1961, to workers of the Mig-Weld & Machines Limited. The Committee notes the reply of the Government and, in particular, the information given by the Labour and Employment Department of the Government of Gujarat. According to this information, as a result of an inspection carried out by an inspector of this body in the above factory as regards the payment of wages, the employer has been requested to comply with the legal provisions on minimum wages. The Committee also notes that, since the employer failed to comply with such a request, the Labour and Employment Department has filed a criminal complaint against the Managing Director of the company. As the complainant union has been subsequently informed, it has also filed a recovery application for the balance of minimum wages. The Committee requests the Government to continue to provide information on the outcome of these legal actions.

3. In addition, the Committee recalls that, in its previous comments in both, its direct requests and its observation of 1997, it also referred to various infringements of the minimum wage regulations in the country, and therefore it requests the Government to supply information on the following issues:

-- petition filed by the Bijli Mazdoor Panchayat before the High Court of Gujarat for the implementation of different labour laws in the State of Gujarat, including the Minimum Wages Act, as regards the situation of 4,000 scheduled tribe workers of the low caste called "Adivasis";

-- actions taken by the Labour Commissioner to include in the scheduled employment the activity of the workers who are working outside the Thermal Power Station premises (the "Ash Area") to separate burnt coal from the flowing water;

-- actions taken by the State Minimum Wages Advisory Board as concerns the revision of minimum wages for workers employed in local authorities, including part-time workers, and a copy of text on minimum wages, as referred to in the Tamil Nadu AITUC's communication therein referred to;

-- measures taken or contemplated to ensure the payment of minimum wages to wage-earners working in the unorganized sector and the homeworkers;

-- comments on the specific issues raised in the observation made by the Centre of Indian Trade Unions (CITU);

-- comments on the matter raised by the United Trade Union Centre (UTUC) on the existence of employers' legal actions to withhold the benefit of the minimum wages to the concerned workers;

-- texts of decisions of courts of law involving questions of principle relating to the application of the Convention in accordance with Part IV of the report form;

-- association in equal numbers and on equal terms of the employers and workers concerned in the operation of the advisory board the Government referred to in relation to the comments made by the All India Organization of Employers (AIOE);

-- the present situation of the workers employed in the stockyards run by the Steel Authority of India Limited (SAIL) as regards minimum wages.

4. The Committee would be grateful if the Government could also supply further details on the amendment of the Minimum Wages Act, 1948, since in its previous report it informed that proposals were at advanced stage of consideration, and that consultations with central ministries and state governments were completed.