Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

Convention (n° 26) sur les méthodes de fixation des salaires minima, 1928 - Inde (Ratification: 1955)

1. In its previous comments, the Committee referred to the observations made by the United Trade Union Centre (UTUC) that in some cases the employers have taken cases relating to payment of minimum wages to the courts of law, with the result of withholding the benefit of the minimum wages to the concerned workers.

In its report, the Government states that under the Minimum Wages Act, 1948, both central and state Governments are responsible for the fixing and revision of minimum wage rates for the scheduled employments in their respective jurisdictions. At present, there is no complete "stay order" on any of the notifications issued under the Minimum Wages Act by the Central Government. However, an interim "stay order" on the application of a particular clause of the Ministry's notification No. SO514 (E) dated 12.07.1994, in so far as it relates to the petitioner, has been granted by the High Court. The matter is sub judice. The Committee notes these statements and requests the Government to indicate in its future reports any development which may arise in this regard, including, as the case may be, texts of decisions of courts of law involving questions of principle relating to the application of the Convention in accordance with point IV of the report form.

2. As concerns the comments previously made by the All India Organization of Employers (AIOE), the Government states that the Minimum Wages Act, 1948, provides for the setting up of an advisory board to advise the appropriate government in fixing minimum wage rates. The board/committee is comprised of the representatives of employers, workers and some independent members who are nominated by the Government.

The Committee notes these indications and requests the Government to provide information on the association in equal numbers and on equal terms of the employers and workers concerned in the operation of the above advisory boards/committees, in accordance with Article 3, paragraph 2(2), and Article 5 of the Convention.

3. The Committee notes the Government's indication that there is no rate fixed under the Minimum Wages Act, 1948, for the workers employed in the stockyards run by the Steel Authority of India Limited (SAIL).