Lok Sabha Question No. 2302 (UNSTARRED), answered on 2021-12-13
Subject: Minimum Wages of Labourers
Ministry: LABOUR AND EMPLOYMENT
Asked by: Badruddin Ajmal, Sanjay(Kaka) Ramchandra Patil

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

## UNSTARRED QUESTION NO. 2302 TO BE ANSWERED ON 13.12.2021

## MINIMUM WAGES OF LABOURERS

## 2302.  SHRI M. BADRUDDIN AJMAL: SHRI SANJAY KAKA PATIL:

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

- (a)the current minimum wages fixed by Government for labourers engaged in agriculture sector and the time when it was hiked last time recently
- including the amount thereof;
- (b)whether the Government has received complaints from labourers or it has  came  to  the  notice  of  this  Ministry  that  people  are  not  getting minimum wages in several States, if so, the details thereof;
- (c)the  steps  taken  by  the  Government  to  address  such  problems  during
- the last three years;
- (d)whether  the  Government  proposes  to  make  new  Policy  for  Minimum wages  for  Unorganised  labourers  in  all  Sectors;  if  so,  the  details
- thereof; and
- (e)the amount of minimum wages structured for unorganised and unskilled
- labourers in private sector?

## ANSWER

## MINISTER OF STATE FOR LABOUR AND EMPLOYMENT (SHRI RAMESWAR TELI)

(a): Under the provisions of the Minimum Wages Act, 1948, both the  Central  and  the  State  Governments  are  appropriate  Governments  to fix, review and revise the minimum wages of the employees employed in the Scheduled employments including agriculture under their respective      jurisdictions.        The  Central  Government  and  the  State Governments are mandated under section 3(1) (b) of the Act to revise the Minimum  Rates  of  Wages  payable  to  the  employees  engaged  in  the Scheduled employments including agriculture in their respective jurisdictions at  intervals  not  exceeding  five  years.  Accordingly,  the minimum  rates  of  wages  in  the  Scheduled  employments  in  the  Central sphere were last revised by the Central Government in 2017. The details of periodic revision of minimum  rates  of wages  in  the  Scheduled employments in the State sphere are not centrally maintained.

Contd..2/-

Besides,  the  revision  of  minimum  rates  of  wages  every  five years, the Central Government, in order to take care of the rising prices, revises  the  Variable  Dearness  Allowance  (V.D.A)  on  basic  rates  of minimum wages every six months effective from 1st April and 1st October every year on the basis of Consumer Price Index for Industrial workers. V.D.A. was last revised w.e.f. 01.10.2021. A statement showing increase in the  rates  of  wages  on  account  of  increasing  V.D.A  payable  to  the employees engaged in the Scheduled employments including agriculture in the Central Sphere is at Annexure-I.

(b) & (c): Enforcement  of  the  provisions  of  the  Minimum  Wages  Act, 1948, including payment of the minimum wages, is a continuous process done  by  the  authorities  statutorily  appointed  for  the  purpose  by  the appropriate  Governments,  i.e.  the  Central  Government  and  the  State Governments,  in  their  respective  jurisdiction.  The  enforcement  in  the Central  sphere  is  secured  through  the  inspecting  officers  of  the  Chief Labour Commissioner (Central) commonly designated as Central Industrial Relations  Machinery  (CIRM)  and  in  the  State  Sphere  through  the  State Enforcement  Machinery.  The  designated inspecting officers  conduct regular  inspections  and  in  the  event  of  detection  of  any  case  of  nonpayment or under-payment of minimum wages, they direct the employers to  make  payment  of  the  shortfall  of  wages.  In  case  of  non-compliance, penal  provisions  prescribed  under  Section  22  of  the  Act  are  taken recourse to.

The details in regard to enforcement of the minimum wages in the  Scheduled  employments  in  the  Central  Sphere  are  furnished  at Annexure-II.  Details  of  enforcement  of  the  provisions  of  the  Minimum Wages Act, 1948, in the State sphere are not centrally maintained.

(d) & (e): The  provisions  of  the  Minimum  Wages  Act,  1948,  have  been rationalized and amalgamated in the Code on Wages Act, 2019, passed by the  Parliament  and  notified  on  08.08.2019.  The  Code  on  Wages,  2019, provides for universal minimum wage and floor wage across employments in organized and unorganized sector. Besides the minimum rates of wages to be fixed/revised by the Central Government and the State Governments in their respective jurisdiction, the Code mandates the Central Government to fix floor wage applicable across the Central and the State sphere.  Section 9 of the Code lays down that the minimum rates of wages fixed by the appropriate Government under section 6 shall not be less than the floor wage. The said provisions of the Code on Wages, 2019, have not come into force.

* *                                                   *******

Annexure referred to in reply to part (a) of  Lok Sabha Unstarred Question No. 2302 for 13.12.2021.

Statement  showing  increased  rates  of  minimum  wages  on  account  of  revision  in  VDA  from  01.04.2021  to 01.10.2021.

| Name of Scheduled Employment   | Category of Worker                                                                                                 | Rates of wages including V.D.A per day (in Rs.)                                                                    | Rates of wages including V.D.A per day (in Rs.)                                                                    | Rates of wages including V.D.A per day (in Rs.)                                                                    | Rates of wages including V.D.A per day (in Rs.)                                                                    | Rates of wages including V.D.A per day (in Rs.)                                                                    | Rates of wages including V.D.A per day (in Rs.)                                                                    |
|--------------------------------|--------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------|
|                                |                                                                                                                    | Area-A                                                                                                             | Area-A                                                                                                             | Area-B                                                                                                             | Area-B                                                                                                             | Area-C                                                                                                             | Area-C                                                                                                             |
|                                |                                                                                                                    | As on 01.04.2021                                                                                                   | As on 01.10.2021                                                                                                   | As on 01.04.2021                                                                                                   | As on 01.10.2021                                                                                                   | As on 01.04.2021                                                                                                   | As on 01.10.2021                                                                                                   |
| 1. Agriculture                 | Unskilled                                                                                                          | 411                                                                                                                | 417                                                                                                                | 375                                                                                                                | 380                                                                                                                | 372                                                                                                                | 377                                                                                                                |
| 1. Agriculture                 | Semi- Skilled/Unskilled Supervisory                                                                                | 449                                                                                                                | 455                                                                                                                | 413                                                                                                                | 419                                                                                                                | 379                                                                                                                | 384                                                                                                                |
| 1. Agriculture                 | Skilled/Clerical                                                                                                   | 488                                                                                                                | 495                                                                                                                | 449                                                                                                                | 455                                                                                                                | 412                                                                                                                | 418                                                                                                                |
| 1. Agriculture                 | Highly Skilled                                                                                                     | 540                                                                                                                | 547                                                                                                                | 502                                                                                                                | 509                                                                                                                | 449                                                                                                                | 455                                                                                                                |
| 2. Stone Mines                 | 1. Excavation &removal of over burden with 50 meters lead/1.5 meters lift (Per 2.831 cubic meters/100 cubic feet): | 1. Excavation &removal of over burden with 50 meters lead/1.5 meters lift (Per 2.831 cubic meters/100 cubic feet): | 1. Excavation &removal of over burden with 50 meters lead/1.5 meters lift (Per 2.831 cubic meters/100 cubic feet): | 1. Excavation &removal of over burden with 50 meters lead/1.5 meters lift (Per 2.831 cubic meters/100 cubic feet): | 1. Excavation &removal of over burden with 50 meters lead/1.5 meters lift (Per 2.831 cubic meters/100 cubic feet): | 1. Excavation &removal of over burden with 50 meters lead/1.5 meters lift (Per 2.831 cubic meters/100 cubic feet): | 1. Excavation &removal of over burden with 50 meters lead/1.5 meters lift (Per 2.831 cubic meters/100 cubic feet): |
| 2. Stone Mines                 |                                                                                                                    | As on 01.04.2021                                                                                                   | As on 01.04.2021                                                                                                   | As on 01.04.2021                                                                                                   | As on 01.10.2021                                                                                                   | As on 01.10.2021                                                                                                   | As on 01.10.2021                                                                                                   |
| 2. Stone Mines                 | (a) Soft Soil                                                                                                      | 435                                                                                                                | 435                                                                                                                | 435                                                                                                                | 441                                                                                                                | 441                                                                                                                | 441                                                                                                                |
| 2. Stone Mines                 | (b) Soft Soil with Rock                                                                                            | 654                                                                                                                | 654                                                                                                                | 654                                                                                                                | 663                                                                                                                | 663                                                                                                                | 663                                                                                                                |
| 2. Stone Mines                 | (c) Rock                                                                                                           | 866                                                                                                                | 866                                                                                                                | 866                                                                                                                | 878                                                                                                                | 878                                                                                                                | 878                                                                                                                |
| 2. Stone Mines                 | 2. Removal and Staking of rejected stones with 50 meters lead 1.5 meters lift (Per 2.831 cubic meters/100 cubic    | 349                                                                                                                | 349                                                                                                                | 349                                                                                                                | 354                                                                                                                | 354                                                                                                                | 354                                                                                                                |
| 2. Stone Mines                 | 3. Stone breaking or Stone feet):                                                                                  | Crushing for the stone size (Per truck load of 5.662 cubic meters/200 cubic                                        | Crushing for the stone size (Per truck load of 5.662 cubic meters/200 cubic                                        | Crushing for the stone size (Per truck load of 5.662 cubic meters/200 cubic                                        | Crushing for the stone size (Per truck load of 5.662 cubic meters/200 cubic                                        | Crushing for the stone size (Per truck load of 5.662 cubic meters/200 cubic                                        | Crushing for the stone size (Per truck load of 5.662 cubic meters/200 cubic                                        |
| 2. Stone Mines                 | (a) 1.0 inch to 1.5 inches                                                                                         | 2666                                                                                                               | 2666                                                                                                               | 2666                                                                                                               | 2701                                                                                                               | 2701                                                                                                               | 2701                                                                                                               |
| 2. Stone Mines                 | (b) Above 1.5 Inches to 3.0 Inches                                                                                 | 2280                                                                                                               | 2280                                                                                                               | 2280                                                                                                               | 2310                                                                                                               | 2310                                                                                                               | 2310                                                                                                               |
| 2. Stone Mines                 | (c) Above 3.0 Inches to 5 Inches                                                                                   | 1338                                                                                                               | 1338                                                                                                               | 1338                                                                                                               | 1356                                                                                                               | 1356                                                                                                               | 1356                                                                                                               |
| 2. Stone Mines                 | (d) Above 5.0 Inches                                                                                               | 1099                                                                                                               | 1099                                                                                                               | 1099                                                                                                               | 1114                                                                                                               | 1114                                                                                                               | 1114                                                                                                               |
|                                |                                                                                                                    | Area-A                                                                                                             | Area-A                                                                                                             | Area-B                                                                                                             | Area-B                                                                                                             | Area-C                                                                                                             | Area-C                                                                                                             |
|                                |                                                                                                                    | As on 01.04.2021                                                                                                   | As on 01.10.2021                                                                                                   | As on 01.04.2021                                                                                                   | As on 01.10.2021                                                                                                   | As on 01.04.2021                                                                                                   | As on 01.10.2021                                                                                                   |
| 3. Sweeping and Cleaning*      | Unskilled                                                                                                          | 645                                                                                                                | 654                                                                                                                | 539                                                                                                                | 546                                                                                                                | 431                                                                                                                | 437                                                                                                                |
| 4. Watch and Ward              | Without Arms                                                                                                       | 784                                                                                                                | 795                                                                                                                | 714                                                                                                                | 724                                                                                                                | 609                                                                                                                | 617                                                                                                                |
|                                | With Arms                                                                                                          | 853                                                                                                                | 864                                                                                                                | 784                                                                                                                | 795                                                                                                                | 714                                                                                                                | 724                                                                                                                |

| 5. Loading and Unloading#   | Unskilled                           | 645              | 654              | 539                               | 546                               | 431                               | 431              | 437              |
|-----------------------------|-------------------------------------|------------------|------------------|-----------------------------------|-----------------------------------|-----------------------------------|------------------|------------------|
| 6. Construction ^           | Unskilled                           | 645              | 654              | 539                               | 546                               | 431                               | 431              | 437              |
| 6. Construction ^           | Semi- Skilled/Unskilled Supervisory | 714              | 724              | 609                               | 617                               | 505                               | 505              | 512              |
| 6. Construction ^           | Skilled/Clerical                    | 784              | 795              | 714                               | 724                               | 609                               | 609              | 617              |
| 6. Construction ^           | Highly Skilled                      | 853              | 864              | 784                               | 795                               | 714                               | 714              | 724              |
| 7. Non-Coal Mines $         |                                     | Above Ground     | Above Ground     | Above Ground                      | Below Ground                      | Below Ground                      | Below Ground     | Below Ground     |
| 7. Non-Coal Mines $         |                                     | As on 01.04.2021 | As on 01.04.2021 | As on 01.10.2021 As on 01.04.2021 | As on 01.10.2021 As on 01.04.2021 | As on 01.10.2021 As on 01.04.2021 | As on 01.10.2021 | As on 01.10.2021 |
| 7. Non-Coal Mines $         | Unskilled                           | 431              | 431              | 437 539                           | 437 539                           | 437 539                           | 546              | 546              |
| 7. Non-Coal Mines $         | Semi- Skilled/Unskilled Supervisory | 539              | 539              | 546 645                           | 546 645                           | 546 645                           | 654              | 654              |
| 7. Non-Coal Mines $         | Skilled/Clerical                    | 645              | 645              | 654 752                           | 654 752                           | 654 752                           | 762              | 762              |
| 7. Non-Coal Mines $         | Highly Skilled                      | 752              | 752              | 762 840                           | 762 840                           | 762 840                           | 851              | 851              |

* Employees engaged in the employment of Sweeping and Cleaning excluding Activities prohibited  under the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.

# Employees  engaged  in  the  employment  of  Loading  and  Unloading  in  (i)  Goods  Sheds,  Parcel  Offices  of Railways;  (ii)  Other  Goods  Sheds,  Godowns,  Warehouses  and  other  similar  employments;    (iii)  Docks  and Ports; and (iv) Passengers Goods and Cargo Carried out at Airports (Both International and Domestic).

^ Employees engaged in the employment ofconstruction or maintenance of Roads or Runways or in Building Operations  including  laying  down  Underground  Electric,  Wireless,  Radio,  Television,  Telephone,  Telegraph and  Overseas  Communication  Cables  and  similar  other  Underground  Cabling  Work,  Electric  Lines,  Water Supply Lines and Sewerage Pipe Lines.

$ Employees engaged in the employment of Gypsum Mines, Barytes Mines, Bauxite Mines, Manganese Mines, China  Clay  Mines,  Kyanite  Mines,  Copper  Mines,Clay  Mines,  Magnesite  Mines,  White  Clay  Mines,  Stone Mines, Steatite Mines (including the mines producing Soap Stones and Talc), Ochre Mines, Asbestos Mines, Fire  Clay  Mines,  Chromite  Mines,  Quartzite  Mines,  Quartz  Mines,  Silica  Mines,  Graphite  Mines,  Felspar Mines, Laterite Mines, Dolomite Mines, Red Oxide Mines, Wolfram Mines, Iron Ore Mines, Granite Mines, Rock  Phosphate  Mines,  Hematite  Mines,  Marble  and  Calcite  Mines,  Uranium  Mines,  Mica  Mines,  Lignite Mines, Gravel Mines, Slate and Magnetite Mines.

## Annexure-II

## Annexure referred to in reply to part (b) & (c) of Lok Sabha Unstarred Question No. 2302 for 13.12.2021.

## Details of Inspections, Prosecutions and Convictions done under the Minimum Wages Act, 1948

| Year                    | No. of inspections conducted   | No. of Irregularities detected   | No. of Irregularities rectified   | No. of Prosecutions Launched   |   No. of Convictions |
|-------------------------|--------------------------------|----------------------------------|-----------------------------------|--------------------------------|----------------------|
| 2019-20                 | 7,709                          | 60,528                           | 23,473                            | 1,633                          |                  413 |
| 2020-21                 | 2,876                          | 21,053                           | 7,919                             | 559                            |                  225 |
| 2021-22 (up to Oct. 21) | 1,044                          | 7,787                            | 2,516                             | 75                             |                   55 |

## CLAIM CASES UNDER MINIMUM WAGES ACT, 1948

| YEAR                    | CLAIMS FILED UNDER MINIMUM WAGES ACT, 1948   | CLAIMS FILED UNDER MINIMUM WAGES ACT, 1948   | CLAIMS FILED UNDER MINIMUM WAGES ACT, 1948   | CLAIMS FILED UNDER MINIMUM WAGES ACT, 1948   |
|-------------------------|----------------------------------------------|----------------------------------------------|----------------------------------------------|----------------------------------------------|
|                         | FILED                                        | DECIDED                                      | AWARDED (Rs.)                                | No. of benefited workers                     |
| 2019-20                 | 5,882                                        | 1,857                                        | 20,94,37,906                                 | 15,130                                       |
| 2020-21                 | 6,449                                        | 1,982                                        | 15,34,71,184                                 | 4,479                                        |
| 2021-22 (Up to Oct, 21) | 1,222                                        | 646                                          | 14,32,09,555                                 | 2,258                                        |

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