Thank you very much Mr. Umakanthan. According to you I can apply, if I got a public motor transport industry, the G.O. fixed or revised if my running staff and office staff are covered. If they comprise 70%, for the remaining 30% I have to select a suitable employment where their categories actually fit in. Similarly, in my case I can best apply to my industry the 70% workers coverage G.O. and according to you I have to select another suitable employment G.O. for the 30 % of leftover employees. Am I right? Thus you can say it is not on the basis of selecting higher minimum rate of wage comparing employments but on higher number of workers coverage. Am I right? If comparison of each category with some employments and picking up higher minimum rate of wage out of them for application to each category is the perfect solution there is no need for the Govt. need to fix/revise M.wages in 65 employments in our state of A.P. Can any judgment or administrative instructions of any center or state is available to substantiate this version of applicability of an employment to higher worker coverage?
Thank you very much Mr. Nagaraj. Your version depends upon payment of higher minimum wages to feel the workers happy. But in your discussion also you have agreed to apply the 70 % of workers coverage G.O. But again you have reiterated on the applicability of higher minimum wage to the category of employees. Therefore, it’s a dichotomous statement. If I apply the 70% of coverage of workers G.O. I have to pay the rates which appear to be a little lesser than those fixed in other G.Os and I have to face the impending havoc. If I consider the higher min. wages, as you believed, then I have to dispense with the more suitable G.O. that is applicable to my industry and I could well see that there is no purpose of fixing wages in different employments by the State Govt. However, I request you to supply the relevant judgment or provision under any suitable enactment that you rely upon for revealing your version, either on workers coverage or higher Min. wage coverage, as the case may be, which may help me to apply boldly to my industry with a strong base.
From India, Chennai
10Thank you very much Mr. Nagaraj. Your version depends upon payment of higher minimum wages to feel the workers happy. But in your discussion also you have agreed to apply the 70 % of workers coverage G.O. But again you have reiterated on the applicability of higher minimum wage to the category of employees. Therefore, it’s a dichotomous statement. If I apply the 70% of coverage of workers G.O. I have to pay the rates which appear to be a little lesser than those fixed in other G.Os and I have to face the impending havoc. If I consider the higher min. wages, as you believed, then I have to dispense with the more suitable G.O. that is applicable to my industry and I could well see that there is no purpose of fixing wages in different employments by the State Govt. However, I request you to supply the relevant judgment or provision under any suitable enactment that you rely upon for revealing your version, either on workers coverage or higher Min. wage coverage, as the case may be, which may help me to apply boldly to my industry with a strong base.
From India, Chennai
Sorry, Kesav. Again you are beating around the bush, that too from a wrong side in anti-clock wise. I think that may be I am not so communicative to convince you.
From India, Salem
From India, Salem
Pl inform the nature of Industry for which you have obtained Factory licence. Applicability of MW depends upon the nature of Industry for which you hold the Factory licence - not on the categories of workers.
From India, Bangalore
From India, Bangalore
Mr. Umakanthan, I opined that you might have worked as a Quasi-judl. officer in your department. That was the due weight given to you sir. My straight question is applying a G.O. relating to an employment to an industry is whether on the basis of the coverage of maximum workers or on the basis of higher Minimum wages i.e. selecting higher favourable rates from comparison of innumerable G.Os? If a claim is filed under Sec. 20 of M.W. Act before you don't you observe which G.O. relating to what employment is applied for the workers in an establishment before taking on file the said claim? If inappropriate G.O. is applied don't you return it with objections? That is what happened in my case. Therefore, a question was raised in my mind to get a clarification from an eminent person how the applicability of a Minimum wages G.O. is made applicable to an establishment containing different categories and all those categories are not found place in one G.O.? Is it clear now? It is not the only applicability to my establishment a little academic interest also involved in it. I don't think you people discourage it. Pl. enlighten now.
Now Mr. Nataraj,
Have you ever seen a licence given by an inspector of factories? Then you can understand to what extent your question is valid. Then you may also correctly catch my point, why I am so much concern about? I have already informed what are the manufacturing items take place in my industry. Just go through above and if possible enlighten me. Thank you very much for participation.
From India, Chennai
Now Mr. Nataraj,
Have you ever seen a licence given by an inspector of factories? Then you can understand to what extent your question is valid. Then you may also correctly catch my point, why I am so much concern about? I have already informed what are the manufacturing items take place in my industry. Just go through above and if possible enlighten me. Thank you very much for participation.
From India, Chennai
Mr. Umakanthan, I opined that you might have worked as a Quasi-judl. officer in your department. That was the due weight given to you sir. My straight question is applying a G.O. of an employment to an industry is whether on the basis of the coverage of maximum workers or on the basis of higher Minimum wages i.e. selecting higher favourable rates comparing innumerable G.Os?
If a claim is filed under Sec. 20 of M.W. Act before you, don't you observe which G.O. relating to what employment has been applied to the workers in that establishment before taking on file the said claim? If inappropriate G.O. was applied don't you return it with objections? That is what happened in my case. Therefore, a question was raised in my mind to get a clarification from an eminent person how the applicability of a Minimum wages G.O. is made to an establishment containing different categories and when all those categories are not found place in one G.O.? Is it clear now? It is not the only applicability to my establishment, a little academic interest also involved in it. I don't think you people discourage it. Pl. enlighten now.
Now Mr. Nataraj,
Have you ever seen a license given by an inspector of factories? Then you can understand to what extent your question is valid. Then you may also correctly catch my point, why I am so much concern about? I have already informed what are the manufacturing items take place in my industry. Just go through above and if possible enlighten me. Thank you very much for participation.
From India, Chennai
If a claim is filed under Sec. 20 of M.W. Act before you, don't you observe which G.O. relating to what employment has been applied to the workers in that establishment before taking on file the said claim? If inappropriate G.O. was applied don't you return it with objections? That is what happened in my case. Therefore, a question was raised in my mind to get a clarification from an eminent person how the applicability of a Minimum wages G.O. is made to an establishment containing different categories and when all those categories are not found place in one G.O.? Is it clear now? It is not the only applicability to my establishment, a little academic interest also involved in it. I don't think you people discourage it. Pl. enlighten now.
Now Mr. Nataraj,
Have you ever seen a license given by an inspector of factories? Then you can understand to what extent your question is valid. Then you may also correctly catch my point, why I am so much concern about? I have already informed what are the manufacturing items take place in my industry. Just go through above and if possible enlighten me. Thank you very much for participation.
From India, Chennai
Mr Kesav You should have mentioned against serial no 6 In Form 2 about the nature of manufacturing process being carried out in your Factory. Pl look into it and if possible inform us.
From India, Bangalore
From India, Bangalore
My dear Kesav Panda,
I would like to request you to go through all my replies once again with a naked mind so that you can understand that your question stands already answered. However, the following points given now by way of elaboration and further clarification may please be kept in mind before hand:
(1) The Act is a pre-Constitution measure intended to achieve the object of doing social justice to workmen employed in the scheduled employments by prescribing minimum rates of wages for them.
(2) " scheduled employment " means an employment specified in the schedule or any process or branch of work forming part of such employment.
(3) The fixation or revision of the minimum rates of wages can be different according to each scheduled employment, different classes of work in the same employment, classification of employees as adults, adolescents, children and apprentices and according to different localities also.
(4) Thus once a particular employment is brought under the schedule, the minimum rates of wages fixed/revised by the appropriate Govt. is employment/industry-specific. In other words, the different classes of work or classifications of employees therein can not be compared with those minimum rates fixed in respect of same classes of work or classifications of employees in other scheduled employments/industries.
Coming straight to your final and explicit question drafted as " how the applicability of a minimum wages G.O is made to an establishment containing different categories and when all those categories are not found place in one G.O?", the categories not found in the G.O would be automatically covered by the classification " any other category" if so mentioned. If not, the employer has to fix his own rate according to the practice of the industry but certainly not less than the lowest rate fixed in the G.O. for that grade. For instance, take " EMPLOYMENT IN HOTELS AND RESTAURANTS"; no minimum wages fixed for the category of 'manager' but there is the category of 'asst.manager'. No employee would be prepared to work as manager with a salary less than that of the asst.manager. You have to bear in mind that generally those industries having more no. of unorganised category or classes of employees are brought under the schedule and even in such scheduled employments not all categories are taken into consideration of minimum-wage fixation. So always better to use our discretion based on the existing convention and practices of the industry.
From India, Salem
I would like to request you to go through all my replies once again with a naked mind so that you can understand that your question stands already answered. However, the following points given now by way of elaboration and further clarification may please be kept in mind before hand:
(1) The Act is a pre-Constitution measure intended to achieve the object of doing social justice to workmen employed in the scheduled employments by prescribing minimum rates of wages for them.
(2) " scheduled employment " means an employment specified in the schedule or any process or branch of work forming part of such employment.
(3) The fixation or revision of the minimum rates of wages can be different according to each scheduled employment, different classes of work in the same employment, classification of employees as adults, adolescents, children and apprentices and according to different localities also.
(4) Thus once a particular employment is brought under the schedule, the minimum rates of wages fixed/revised by the appropriate Govt. is employment/industry-specific. In other words, the different classes of work or classifications of employees therein can not be compared with those minimum rates fixed in respect of same classes of work or classifications of employees in other scheduled employments/industries.
Coming straight to your final and explicit question drafted as " how the applicability of a minimum wages G.O is made to an establishment containing different categories and when all those categories are not found place in one G.O?", the categories not found in the G.O would be automatically covered by the classification " any other category" if so mentioned. If not, the employer has to fix his own rate according to the practice of the industry but certainly not less than the lowest rate fixed in the G.O. for that grade. For instance, take " EMPLOYMENT IN HOTELS AND RESTAURANTS"; no minimum wages fixed for the category of 'manager' but there is the category of 'asst.manager'. No employee would be prepared to work as manager with a salary less than that of the asst.manager. You have to bear in mind that generally those industries having more no. of unorganised category or classes of employees are brought under the schedule and even in such scheduled employments not all categories are taken into consideration of minimum-wage fixation. So always better to use our discretion based on the existing convention and practices of the industry.
From India, Salem
Mr. Nataraj,
Against Sl.No. 6 in form No.2 I find Maximum No. of workers, not as you stated. I refer this from A.P. Factory Rules? Can you tell me from the rules of which state you found the nature of manufacturing process?
From India, Chennai
Against Sl.No. 6 in form No.2 I find Maximum No. of workers, not as you stated. I refer this from A.P. Factory Rules? Can you tell me from the rules of which state you found the nature of manufacturing process?
From India, Chennai
Mr Kesav
I am not sure about the sl no in Form 2 of AP. However, you should have mentioned about the manufacturing process being carried out in your Factory while submitting the application for renewal of Factory licence. MW applicability depends upon the nature of manufacturing process which you had mentioned in the application for renewal of Factory licence.
From India, Bangalore
I am not sure about the sl no in Form 2 of AP. However, you should have mentioned about the manufacturing process being carried out in your Factory while submitting the application for renewal of Factory licence. MW applicability depends upon the nature of manufacturing process which you had mentioned in the application for renewal of Factory licence.
From India, Bangalore
Mr. Umakanthan,
Juxtaposing your two replies manifest as below?
"Therefore, you have to take the rates of minimum wages to such of the specific employments or jobs or categories of workmen fixed in the G.O applicable to your industry. No necessity to compare with the rates fixed for such/same employments in other industry. If any particular employment is not mentioned it will fall into " any other category" mentioned in the G.O. "
And
"Thus once a particular employment is brought under the schedule, the minimum rates of wages fixed/revised by the appropriate Govt. is employment/industry-specific. In other words, the different classes of work or classifications of employees therein can not be compared with those minimum rates fixed in respect of same classes of work or classifications of employees in other scheduled employments/industries"
From these it is clear that the Minimum rates of wages fixed/revised by any Govt. is Industry/employment specific. I need not to compare the jobs of one employment with other employment when one of them best suits to my industry. According to you I can only justify my workers if I apply the G.O relating to the employment " Metal foundries and Genl. Enggs" as 70 % of categories of my industry are matched with the categories mentioned therein and their nature of works. So I now discard the other G.Os ignoring whatever be their higher wages than the present G.O. in question. thank you very much sir.
From India, Chennai
Juxtaposing your two replies manifest as below?
"Therefore, you have to take the rates of minimum wages to such of the specific employments or jobs or categories of workmen fixed in the G.O applicable to your industry. No necessity to compare with the rates fixed for such/same employments in other industry. If any particular employment is not mentioned it will fall into " any other category" mentioned in the G.O. "
And
"Thus once a particular employment is brought under the schedule, the minimum rates of wages fixed/revised by the appropriate Govt. is employment/industry-specific. In other words, the different classes of work or classifications of employees therein can not be compared with those minimum rates fixed in respect of same classes of work or classifications of employees in other scheduled employments/industries"
From these it is clear that the Minimum rates of wages fixed/revised by any Govt. is Industry/employment specific. I need not to compare the jobs of one employment with other employment when one of them best suits to my industry. According to you I can only justify my workers if I apply the G.O relating to the employment " Metal foundries and Genl. Enggs" as 70 % of categories of my industry are matched with the categories mentioned therein and their nature of works. So I now discard the other G.Os ignoring whatever be their higher wages than the present G.O. in question. thank you very much sir.
From India, Chennai
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