Lok Sabha Question No. 291 (UNSTARRED), answered on 2019-06-24
Subject: Violation of Minimum Wage Policy
Ministry: LABOUR AND EMPLOYMENT
Asked by: Nalin Kumar Kateel

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

## UNSTARRED QUESTION NO. 291 TO BE ANSWERED ON 24.06.2019

## VIOLATION OF MINIMUM WAGE POLICY

## 291. SHRI NALIN KUMAR KATEEL:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (a)whether the Government is aware that there are increasing incidents  that  owners  are  not  paying  minimum  wages  to  their labourers;
- (b)if  so,  whether  the  Government  has  received  any  complaints  from labourers and any organization in this regard;
- (c)if  so,  the  details  of  the  complaints  received  during  the  last  three years, State/ UT/district and year-wise;
- (d)whether the Government is taking any effective steps to ensure that there is no violation of Minimum Wage policy in the country and if so, the details thereof; and
- (e)whether the Government is taking all necessary measures to create awareness among labourers about their rights and if so, the details thereof?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

- (a) to (c): Yes, Sir. The regular inspections are carried out for ensuring the compliance of Labour Laws. The details of inspections conducted under Minimum Wages Act, 1948 and Payment of Wages Act, 1936 for ensuring the timely payment of statutory wages during  the last three years is enclosed herewith as Annexure 'A'.

(d): Yes,  Sir.  The  Officers  of  Central  Industrial  Relations  Machinery (CIRM) are regularly conducting inspections under various labour laws, to ensure that the workers are being paid the minimum wages at the rate  fixed  according  to  the  nature  of  work  as  provided  under  the Minimum Wages Act, 1948. However, if there is any case pertaining to the non-payment or less payment of minimum wages to the workers, the officers of the CIRM immediately take action by filing claim cases before the authority under the Minimum Wages Act, 1948 and for other violations prosecutions are filed in the court. The details of the claim cases  decided,  the  amount  awarded  to  the  workers  during  the  last three years and prosecution filed in the court under Minimum Wages Act, 1948 and Payment of Wages Act, 1936 are enclosed herewith as Annexure 'B'.

(e): Yes, Sir. Measures to create awareness among labourers about their rights have been provided under Rule 22 of the Minimum Wages (Central) Rules, 1950 framed under the Minimum Wages Act, 1948. Rule 22 of the Minimum Wage (Central) Rules, 1950 prescribes that Notices in the Form IX-A containing the minimum rates of wages fixed together with abstracts of the Act, the rules made thereunder and the name and address  of  the  Inspector  shall  be  displayed  in  English  and  in  a language understood by the majority of the workers in the employment at the main entrances to the establishment and at its office and shall be maintained in a clean and legible condition. Such notices shall also be  displayed  on  the  notice-boards  of  all  sub-divisional  and  district offices.

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## ANNEXURE-A

Annexure referred to in reply to Parts (a) to (c) of Lok Sabha Unstarred Question  No.  291  for  24.06.2019  raised  by  Shri  Nalin  Kumar  Kateel regarding 'Violation of Minimum Wage Policy'.

## Minimum Wages Act, 1948

|   S.No. | Particulars                    |   2015-16 |   2016-17 |   2017-18 |   2018-19 Upto March,2019 |
|---------|--------------------------------|-----------|-----------|-----------|---------------------------|
|       1 | No. of Inspections Conducted   |      9803 |      9151 |      9187 |                      8327 |
|       2 | No. of Irregularities detected |     75938 |     61689 |     77399 |                     61489 |
|       3 | No. Irregularities Rectified   |     46467 |     53255 |     39620 |                     34465 |
|       4 | No. of Prosecutions Launched   |      1549 |      2321 |      1651 |                      2081 |
|       5 | No. of Convictions             |      1476 |      1951 |      2205 |                       651 |

## Payment of Wages Act, 1936

|   S.No. | Particulars                    |   2015-16 |   2016-17 |   2017-18 |   2018-19 Upto March,2019 |
|---------|--------------------------------|-----------|-----------|-----------|---------------------------|
|       1 | No. of Inspections Conducted   |      1628 |      2422 |      3246 |                      2670 |
|       2 | No. of Irregularities detected |     15369 |     23977 |     24735 |                     20176 |
|       3 | No. Irregularities Rectified   |     16836 |     20501 |     12406 |                     13502 |
|       4 | No. of Prosecutions Launched   |       226 |       566 |       447 |                       413 |
|       5 | No. of Convictions             |       281 |       269 |       642 |                        89 |

## ANNEXURE -B

Annexure  referred  to  in  reply  to  Part  (d)  of  Lok  Sabha  Unstarred Question  No.  291  for  24.06.2019  raised  by  Shri  Nalin  Kumar  Kateel regarding 'Violation of Minimum Wage Policy'.

## Claim cases under Minimum Wages Act, 1948

| YEAR                    | NO. OF CLAIMS   | NO. OF CLAIMS   | NO. OF CLAIMS   | AMOUNT (IN LAKHS)   | AMOUNT (IN LAKHS)   | AMOUNT (IN LAKHS)    |
|-------------------------|-----------------|-----------------|-----------------|---------------------|---------------------|----------------------|
|                         | B/F             | FILED           | DECIDED         | AWARDED (Rs.)       | RECOVERERD (Rs.)    | PAID TO WORKES (Rs.) |
| 1                       | 2               | 3               | 4               | 5                   | 6                   | 7                    |
| 2015-16                 | 3672            | 743             | 1796            | 66654417            | 44128036            | 34879425             |
| 2016-17                 | 2610            | 1198            | 1138            | 96684922            | 49485990            | 48540964             |
| 2017-18                 | 2617            | 1464            | 1230            | 161901419           | 25485526            | 29794099             |
| 2018-19 Upto March,2019 | 2790            | 1908            | 1307            | 26,75,44,000        | 2,25,90,000         | 2,97,95,000          |

## Claim cases under Payment of Wages Act, 1936

| YEAR                    | NO. OF CLAIMS   | NO. OF CLAIMS   | NO. OF CLAIMS   | AMOUNT AWARDED(IN LAKHS)   | AMOUNT AWARDED(IN LAKHS)   | AMOUNT AWARDED(IN LAKHS)   |
|-------------------------|-----------------|-----------------|-----------------|----------------------------|----------------------------|----------------------------|
|                         | B/F             | FILED           | DECIDED         | AWARDED (Rs.)              | RECOVERERD (RS.)           | PAID TO WORKES (Rs.)       |
| 1                       | 2               | 3               | 4               | 5                          | 6                          | 7                          |
| 2015-16                 | 183             | 103             | 86              | 16110659                   | 11386495                   | 11350000                   |
| 2016-17                 | 195             | 157             | 36              | 5748232                    | 821840                     | 1072547                    |
| 2017-18                 | 262             | 252             | 172             | 35282676                   | 636136                     | 2729575                    |
| 2018-19 Upto March,2019 | 332             | 350             | 381             | 1,76,19,000                | 3,26,18,000                | 1,27,33,000                |

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