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Violation of Minimum Wage Policy: Incidents that owners are not paying minimum wages to their labourers;

Violation of Minimum Wage Policy: Incidents that owners are not paying minimum wages to their labourers GOVERNMENT OF INDIA MINISTRY OF LABOUR AND

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Violation of Minimum Wage Policy: Incidents that owners are not paying minimum wages to their labourers

GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA

UNSTARRED QUESTION NO: 291

ANSWERED ON: 24.06.2019

Violation of Minimum Wage Policy

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 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 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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