AND 1 OTHER v. Management of Reptakos Brett and Co. Ltd.1

(d) A.P.S.R.T.C. and others v. G. Srinivasa Reddy and others5 (e) Vishaka and others v. State of Rajasthan and others6 (f) Charu Khurana and others v. Union of India and others7

13.04.2020 W.A.No.1520/2019. Post the said judgment, revision was notified on 17.01.2023 which is held to be in contravention of the Act, 1948 in this order. Under these circumstances, the Court is of the view that the wage revision in respect of the three notifications dated 30.12.2017 cannot be given retrospective effect earlier to the 13.04.2020, i.e., the date of the order in W.A.No.1520/2019. It can be any date thereafter - 60 - WP No. 18020 of 2023 C/W WP No. 14466 of 2023 WP No. 17959 of 2023 AND 1 OTHER to be specified in the notification, and in case not specified, shall come into effect three months after the notification.

91. As already held the workers eligible to the wages fixed under the three notifications dated 30.12.2017 referred to above, are also entitled to 6% interest per annum, from the due date, till actual payment, on the unpaid wages, under the said notifications and also difference unpaid wages payable, if any, under the new notifications to be issued pursuant to this order.

92. The prayer to fix Rs.29,090.91/- per month as minimum wage for unskilled worker is not tenable and it is for the appropriate Government to fix/revise the wages as required under law.

93. In Writ Petition No.14466/2023, the prayer is to direct payment of wages from 01.04.2018 to 31.03.2023 as per the wages fixed under the draft notification dated 22.02.2018.

94. As already noticed, the Division Bench in the aforesaid Writ Appeals has held that the Government has to take steps for fixation of wages pursuant to draft notification dated 22.02.2018. The exercise carried out thereafter - 61 - WP No. 18020 of 2023 C/W WP No. 14466 of 2023 WP No. 17959 of 2023 AND 1 OTHER culminated in a notification dated 31.10.2019 and same was held to be inoperative and direction is given to fix the wages by following the procedure under the Act, 1948.

95. Since, the wages fixed under the draft notification are not final, the petitioner cannot seek a direction to fix wages as per the draft notification dated 22.02.2018. Regarding interest payable on the unpaid difference of the wages, if any, post revision of wages pursuant to notification dated 22.02.2018.

96. It is stated that the employees of the industry covered under the draft notification dated 22.02.2018 are still covered under the final wage notification of the year 2014. Under the Act, 1948, the revision has to take place within five years. In the other three Writ Petitions referred to above, the final notifications were issued on 30.12.2017. This Court following the order dated 13.04.2020 in W.A. No.1520/2019 has held that the employees covered under the notifications dated 30.12.2017 respect of industries under consideration in these petitions are entitled to the interest on unpaid wages under notifications dated 30.12.2017, till the revision takes place in accordance with law. - 62 - WP No. 18020 of 2023 C/W WP No. 14466 of 2023 WP No. 17959 of 2023 AND 1 OTHER

97. Unfortunately for the Garments, Costumes and Tailoring establishments, there is no final revision of wages since 2014. The exercise undertaken on 22.02.2018, to revise the wages, has not attained finality and on two occasions (including this order) the Court has struck down the notifications revising the wages. If such workers are still paid the wages under the 2014 notifications, and in case, the wages are revised post 2019 (after expiry of 5 years from 2014 notification) and if the wage revision is upward, then it would be that the unpaid difference of wages (if there is an upward revision) is with the employer from the due date. In other words, the workers are deprived of their due wages to the extent of unpaid difference.

98. The situation calls for some equitable measure to award interest. The Court is taking this measure, though there no specific prayer in the petition to award interest. The order for payment of interest on the unpaid revised wages (if wages revised are higher the existing wages) can be accommodated in prayer (d) in W.P.No.14466/2023, where the petitioner has prayed for such other relief in the interest of justice. - 63 - WP No. 18020 of 2023 C/W WP No. 14466 of 2023 WP No. 17959 of 2023 AND 1 OTHER

99. In case, there is upward revision of wages, for the workers of the industries covered under the notification dated

22.02.2018, the date to be fixed for such revision shall be within 5 years from the previous revision dated 21.02.2014. In which event, it would mean that revised unpaid wages payable to the workers in the industries covered under the notification dated 22.02.2018 remained with the employers. Thus, it would be equitable to direct the employers of such industries to pay interest @ 6% p.a. on unpaid revised wages, from the date when the wages fell due, till payment, in case there is upward revision in wages.

100. The payment of interest as directed above for all the industries shall be subject to final revision of wages. If the final wages to be fixed are less than three notifications dated

30.12.2017 referred to above, and less than the wages now paid to the workers of the industries covered under the notification dated 22.02.2018, then the excess amount paid and interest paid on excess amount shall have to be adjusted in a staggered manner, in the future wages to be paid under the final notifications to be issued and such excess amount and the interest component on such excess amount shall be treated as - 64 - WP No. 18020 of 2023 C/W WP No. 14466 of 2023 WP No. 17959 of 2023 AND 1 OTHER advance wage under the new final notifications to be issued post this order.

101. Hence, the following: ORDER (i) Writ Petition No.18020/2023, Writ Petition No.17959/2023, Writ Petition No.17984/2023 are allowed-in-part. (ii) Consequently, the impugned notification dated

17.01.2023 bearing No.KE 2 LWA 2023 in each petitions referred to in paragraph No.(i) is quashed. (iii) The appropriate Government if deems fit, may fix/revise the minimum wages fixed vide the notifications dated 30.12.2017 impugned in Writ Petitions referred to above in paragraph No.(i), for the applicable period up to five years from 30.12.2017. (iv) Till the minimum wages are fixed/revised for the workers of the industries referred to above - 65 - WP No. 18020 of 2023 C/W WP No. 14466 of 2023 WP No. 17959 of 2023 AND 1 OTHER in paragraph No.(iii), the workers working in such industries are entitled to minimum wages, for the period commencing from 30.12.2017 till it is revised under a new notification. (v) On the unpaid wages in terms of three notifications dated 30.12.2017, the workers are entitled to interest @ 6% p.a. from the date when such wages fell due, till actual payment. (vi) The order awarding interest is subject to such adjustments referred to in paragraph No.100 in respect of the industries covered under three notifications dated 30.12.2017. (vii) Writ Petition No.14466/2023 is allowed-in- part. (viii) The appropriate Government shall fix/revise the minimum wages in respect of the industries referred to above in terms of the notifications dated 22.02.2018 for the applicable period, by taking further steps pursuant to the draft - 66 - WP No. 18020 of 2023 C/W WP No. 14466 of 2023 WP No. 17959 of 2023 AND 1 OTHER notification dated 22.02.2018, as contemplated under the Act, 1948. (ix) The workers of the industries covered under the notification dated 22.02.2018 shall be entitled to interest @ 6% p.a. from the due date, in case the revised wages are in excess of existing wages in terms of the new notification to be issued, till actual payment. (x) The effective date for revision of wages under the notification to be issued for the industries covered under notification dated 22.02.2018, shall be a date within 5 years from 21.02.2014, i.e. the date of last revision for such industries in 2014. (xi) The order directing interest on wages to be notified for the industries covered under notification dated 22.02.2018 shall apply only in case there is upward revision. (xii) This order shall not be construed as an order mandating upward or downward revision of - 67 - WP No. 18020 of 2023 C/W WP No. 14466 of 2023 WP No. 17959 of 2023 AND 1 OTHER wages. It is for the appropriate Government to decide the appropriate wages by taking into consideration all the relevant factors. (xiii) The exercise shall be completed under the provisions of the Payment of Wages Act, 1948 as the rights and liabilities for revision of wages having crystallised under the Act, 1948. (xiv) The exercise completed expeditiously as possible, at any rate, within 6 months from the date of this order. (xv) No order as to costs. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN