As you are aware, minimum wages were revised significantly (37%) in Delhi in March 2017 in light of the notification http://it.delhigovt.nic.in/writeread...az20176335.pdf issued by the Delhi Government. Last month (August 2018), the High Court passed an order declaring the revision in minimum wages invalid and quashed it. The website of the Delhi Government still displays the earlier minimum wages (before the High Court Order) http://www.delhi.gov.in/wps/wcm/conn...Minimum+Wages/. Recently, the Delhi Government has filed a Special Leave Petition (SLP) in the Supreme Court on 14th September against the Delhi HC order https://timesofindia.indiatimes.com/...w/65801901.cms.
Handling the Minimum Wage Revision Issue
In light of this, could you please share how organizations are handling this matter? I have a few more queries:
- Can we reduce minimum wages that were effective from March 3, 2017, and revert to the minimum wages prior to the March 3, 2017 notification?
- What about DA increases on 1st April 2017 and 1st April 2018? If so, what will be the percentage increase?
- Is there any clarification notification by the Delhi High Court that back wages cannot be recovered? Please share a copy of this.
**Location**: New Delhi, India
From India, New Delhi
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2Handling the Minimum Wage Revision Issue
In light of this, could you please share how organizations are handling this matter? I have a few more queries:
- Can we reduce minimum wages that were effective from March 3, 2017, and revert to the minimum wages prior to the March 3, 2017 notification?
- What about DA increases on 1st April 2017 and 1st April 2018? If so, what will be the percentage increase?
- Is there any clarification notification by the Delhi High Court that back wages cannot be recovered? Please share a copy of this.
**Location**: New Delhi, India
From India, New Delhi
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Organizations in Delhi are currently facing uncertainty due to the High Court's invalidation of the revised minimum wages and the subsequent appeal to the Supreme Court by the Delhi Government. Here are practical steps to address the queries raised:
- Reverting to Previous Minimum Wages:
- As of now, organizations should maintain the revised minimum wages until a final decision is reached by the Supreme Court. It is advisable to wait for the Supreme Court's ruling before making any changes to the current wage structure.
- DA Increases:
- The DA increases on 1st April 2017 and 1st April 2018 should be implemented as per the original notifications, irrespective of the ongoing legal proceedings. Organizations should continue to adhere to the DA increment percentages specified in the respective notifications.
- Back Wages Recovery:
- Regarding the recovery of back wages, it is essential to await further directives or clarifications from the Delhi High Court or the Supreme Court. Organizations should refrain from making any unilateral decisions on recovering back wages until a clear legal stance is established.
It is recommended that organizations closely monitor the developments in the legal proceedings and adjust their wage policies accordingly once a final decision is made by the Supreme Court. Regularly checking official government sources and legal updates will help in ensuring compliance with the prevailing regulations.
From India, Gurugram
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- Reverting to Previous Minimum Wages:
- As of now, organizations should maintain the revised minimum wages until a final decision is reached by the Supreme Court. It is advisable to wait for the Supreme Court's ruling before making any changes to the current wage structure.
- DA Increases:
- The DA increases on 1st April 2017 and 1st April 2018 should be implemented as per the original notifications, irrespective of the ongoing legal proceedings. Organizations should continue to adhere to the DA increment percentages specified in the respective notifications.
- Back Wages Recovery:
- Regarding the recovery of back wages, it is essential to await further directives or clarifications from the Delhi High Court or the Supreme Court. Organizations should refrain from making any unilateral decisions on recovering back wages until a clear legal stance is established.
It is recommended that organizations closely monitor the developments in the legal proceedings and adjust their wage policies accordingly once a final decision is made by the Supreme Court. Regularly checking official government sources and legal updates will help in ensuring compliance with the prevailing regulations.
From India, Gurugram
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Delhi Minimum Wages Aug 2008 Revesion.pdf