Sunday, June 26, 2011

Minimum Wages in Uttar Pradesh

Minimum Wages in 58 Employments
Minimum Wages for worker in the state of Uttar Pradesh with effect from 01 April 2011 to 30 September 2011 are as following. for unskilled workers basic wages are Rs. 2600.00, for semi skilled workers basic wages are 2964.00 and for skilled workers basic wages are 3290.00 per month. Variable dearness allowance for unskilled Rs. 1563.98, for semi skilled workers - 1782.94 and for skilled workers - 1979.04. In this way total monthly wages for unskilled worker are Rs. 4163.98, for semi skilled workers are 4746.94 and for skilled workers are 5269.04. Thus one days wages for unskilled workers are 160.15, for semi skilled workers are 182.57 and for skilled workers are 202.66.

Minimum Wages Act, 1948

Minimum Wages Act 1948 - Section 12- Provisions of Act - High Court or the Company Judge - Cannot be expected to pass any orders - So as to flout the provisions of Act. [2011(128)FLR1096] Patna High Court dated 07-04-2010 in Company Appeal No. 1 of 2010 Between Bikramaditya Mishra and Official Liquidator, Rohtas.

Departmental Enquiry

Departmental Enquiry can not be held to unfair on trivial points. It can be held unfair only if there is substantial denial of opportunity to workman- And the workman shows that denial has resulted in prejudice.
[2011(129)FLR594] Allahabad High Court dated 4-3-2011 in Civil Misc. writ petition no. 26807 of 1998 between State Bank of Patiala and Union of India.

Payment of Gratuity Act 1972 - further claim as per increased limit

Payment of Gratuity Act 1972- Section 1(3) 3, 4(3), 5, and 7(4) (a), (b), (c), (d), as amended - Constitution of India 1950 Article 226 - claim of maximum gratuity- gratuity of Rs. 3.5 lacs already received- claims further amount of Rs. 6.5 lakhs- Controlling authority has jurisdiction to examine it- Since an alternative remedy is available to the petitioner- High Court under Article 226 will not interfere- Petitioner can approach the appropriate authority- Petition is dismissed.
Admittedly, the claim of the petitioner is under the Statute. The controlling authority which has been appointed in terms of section 3 of the Act, is responsible for adminstration of the Act. Significantly, in addition to the provision of section 4(3), Section 5 of the Actg also contemplates the right of employees to receive better terms of gratuity from an amployer. I, therefore, do not see how the controlling authority appointed under the Payment of Gratuity Act 1972 would lack jurisdiction to examine th dispute. The petitioner has shown me no precedent or authority that might persuade me to hold otherwise.
[2011(129)FLR952] Delhi High Court in Writ petition (Civil) no. 7146 of 2010 date 16-3-2011 in P.S. Gupta V/s Union of India.