CHAPTER : XI

WAGE BOARD
138.Establishment of Minimum Wages
Board :
(1) The Government shall establish a Board
to be called the Minimum Wages Board.
(2) The Minimum Wages Board, hereinafter
referred to in this Chapter as the Wages
Board, shall consist of-
(a) A Chairman;
(b) One independent member;
(c) One member to represent the
employers, and
(d) One member to represent the workers.
(3) For the purpose of discharging the
functions specified in section 139, the
Wages Board shall also include –

(a) One member to represent the

employers of the Industry;
concerned;
and.
(b) One member to represent the
workers engaged in such industry.
(4) The Chairman and the other members of
the Wages Board shall be appointed by
the government.
(5) The Chairman and the independent
member of the Wages Board shall be
appointed from person with adequate
knowledge of industrial Labour and
economic conditions of the country who are
not connected with any industry or
associated with any trade union of workers
or employers.
(6) The member to represent the employers and
the member to represent the workers under us,
section (2) or (3) shall be appointed after
considering no nominations, if any, of such
organizations as the Government considers
being representative organizations of such
employers and workers respectively.
Provided that, if no nomination is received for
the representatives of the employers or
workers inspire of more than one effort, the
Government appoint such persons whom the
Government considers to be fit in its opinion to
be representative of such employers and
workers respectively.
139.Recommendation of minimum rates of
wages for certain workers :
(1) Where, in respect of any industry, the
Government is of the opinion that, in view of
the prevailing rates of wages of workers
engaged in the industry, it is reasonable and
necessary to fix the minimum rates of wages
for all or any class of workers employed in
such industry, it may direct the Wages Board
to recommend, after such enquiry as the
Wages Board thinks fit, the minimum rates of
wages for such workers or class of workers.
Explanation - The Government, may upon
an application made to it, by the employer
or workers, or both the parties, consider
fixation of minimum rat, of wages for the
workers employed in that industry.
(2) The Wages Board shall make
recommendation within a period of six
months from the date, receipt of such
direction made to it:

Provided that the Government may

extend this period if the Wages Board so
requests.
(3) In pursuance of a direction under sub-
section (1), the Wages Board may
recommend minimum rates of wages for
all classes of workers in any grade and,
in such recommendation, may specify –
(a) The minimum rates of wags for time
work and piece work; and
(b) the minimum time rates specifically for
the workers employed on piece work.
(4) The time rates recommended by the Wages
Board may be on hourly, daily, weekly or
monthly basis.
(5) In its recommendation the Wages Board shall
indicate whether the minimum rates of wages
should be adopted uniformly throughout the
country or with such local variations for such
areas as are specified therein
(6) The minimum rates of wages for any industry
may be re-fixed after every five years as may
be directed by the Government.
140.Power to declare minimum rates
of Wages :
(1) Upon receipt of a recommendation of the
Wages Board under section 139, the
Government may, by notification in the
official Gazette declare that the
minimum rates of wages
recommended by the Wages Board for
the various workers shall, subject to such
exception as may be specified in the
notification, be the minimum rates of
wages for such workers.
(2) If the Government considers that such
recommendation is not, in any respect,
equitable to the employers or the
workers, if any, within thirty days of
receipt of the recommendation, refer it
back to the Wage Board for re-
consideration with such comments
thereon and giving such information
relation thereto as the Government may
think fit.
(3) Where a recommendation is referred
back to the Wages Board under sub-
section (2), the Wages Board shall
reconsider it after taking into account the
comments made and information given
by the Government and, if necessary,
shall hold further enquiry and submit to
the Government a revised
recommendation or if it considers that no
revision of change in the
recommendation is called for make
report to that effect stating reasons
therefor.
(4) On receipt, of the recommendation of the
Wages Board under sub-section (3), the
Government may, by notification in the official
gazette, declare that the minimum rates of
Wages recommended under that sub-election
by the Wages Board for various workers shall,
subject to such modifications and exceptions
as may be specified in the notification, be the
minimum rates of wages for such workers.
(5) Unless any date is specified for the purpose in
the notification under sub-section (4), the
declaration there under shall take effect on the
date of publication of such notification.
(6) Where after publication of a notification under
sub-section (1) or (4) after minimum rates of
wages declared there under have taken effect, it
comes to the notice of the Government that there
is a mistake in the minimum rates of wages so
declared, it may refer the matter to the Wage
Board and any such reference shall be deemed
to be a reference under sub-section (2)
(7) The minimum rates of wages declared under this
section shall be final and shall not, in any
manner, be questioned by any persons in any
Court or before any authority.
144.Fixation of Wages for net. paper workers :

(1) In fixing rates of wages In respect of news

piper workers the Newspaper Wage Board
shall take into consider -action the cost of
living, the prevalent rates of wages of
comparable employment's In Government.
Corporations and private sectors, the
circumstances relation to the newspaper
industry in different Regions of the country,
and to any other circumstances which to the
Newspaper Wage Board may seem relevant.
(2) The Newspaper Wage Board may fix
rates of wages for time work and for
piece-work.

(3) The decision of Newspaper Wage Board

fixing rates of wages shall be
communicated, as soon a practicable, to
the Government.
145.Publication of decision of Newspaper
Wage Board :

(1) The Government shall examine the

decision of the Newspaper Wage Board
and shall, within a period of three months
from the date of its receipt publish by
notification in the official Gazette with
modifications as may be deemed
necessary.
(2) The decisions of the Newspaper Wage
Board, with modifications, if any and
published under sub-section (1) shall
come into operation with effect from such
date as may be specified in the
notification, and where no date is so
specified, it shall come into operation on
the date of its publication.
146.Power of Newspaper Wage Board to
fix interim rates of Wages :

(1) Where the Newspaper Wage Board is of

the opinion that it is necessary so to do,
it may, by notification in the official
Gazette, fix interim rates of wages.
(2) Any such interim rate of wages so fixed
shall be binding on all employers in
relation to newspaper establishments,
and every newspaper workers shall be
entitled to be paid wages at a rate which
shall, in no case, be less than such
interim rate of wages.
(3) Any such interim rate of wages fixed,
shall remain in force until the decision of
the Newspaper wage Board comes into
operation under section 145(2).
147.Application to Labour Court :
Where any dispute relating to classification
or re-classification of a newspaper or a
newspaper establishment arises out of
any decision of the Board, with
modifications if any, and published under
section 145(2), any person aggrieved by
any such decision may apply to the
Labour Court for adjudication and
determination of the dispute.
148.Minimum Wages to be binding on all
employers :
The Minimum rates of wages declared under
section 140 or published under section
145 shall be binding on all employers
concerned and every worker shall be
entitled to be paid wages at a rate which
shall, in no case, be less than the rate of
wages so declared or published.
149.Prohibition to pay wages at a rate
below the minimum rate of wages :
(1) No employer shall pay any worker wages
at a rate lower than the rate declared or
published under this Chapter to be the
minimum rate of wages for such worker.
(2) Nothing in sub-section (1) shall be
deemed to affect, in any very, the right of
a worker to continue to receive wages at
a rate higher than the minimum rate
declared under the Chapter, if, under any
agreement or award or otherwise, he is
entitled to receive wages at such higher
rate, or to continue to enjoy such
amenities and other advantages as are
customary for such worker to enjoy.