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Labour Legislations




                    Notes          to live a life consistent with human dignity”. Wages are not an economic abstraction but an
                                   important price in society. Economically speaking, wages may be the price of labour, just as,
                                   interest is the price of capital and profit the price of risk carrying, but from social point of view,
                                   they are unique in that they not only constitute payment for this  effort but also provide the
                                   means of subsistence for those who supply the effort.
                                   All over the world, wages and their problems have been assuming great importance with the
                                   advancing economic and social development, which has for its result the larger proportion of
                                   population gaining their living as employees, or wage earners. The same is the case with our
                                   country. Though it is predominantly agricultural, but in recent years, it has made rapid strides
                                   in the field of industrial  and commercial development. This  has resulted in an  appreciable
                                   increase in salaried and wage employment, and has thus, created the same labour problems,
                                   including that of wages as in other developed and developing countries. For handling these
                                   problems, the Government has already undertaken a number of statutory and other measures.
                                   In regard to wages, there is a need to formulate a suitable wage policy, which may help to
                                   maintain industrial peace, which is so essential for maintaining and promoting the economic
                                   growth of the country. An objective of this policy is to set a floor to wages by establishing what
                                   may be regarded as a social  minimum which is to be designed  to enable workman and his
                                   family to maintain a certain minimum standard of living, in accordance with modern ideas as
                                   understood in this country and permitted by the state of economy. It is in pursuance of this
                                   objective the Government enacted the Minimum Wages Act in 1948, so that the worker may be
                                   ensured wages at least sufficient to maintain his health and efficiency.

                                   11.1 Minimum Wages and ILO


                                   The need for regulating minimum wages has been gaining increasing attention, not only of the
                                   governments  of developing  and developed  countries, but  also of  the  International Labour
                                   Organisation  at Geneva  (ILO), which  is formulating  International Labour  Standards for its
                                   member countries since its very inception after the First World War. The ILO attached much
                                   importance to the question of fixing minimum wages as far back as 1921, and the result of its
                                   enquiry led to the adoption of a Convention No.20 and a Recommendation No.30 on minimum
                                   wage fixing machinery 1928, covering  only  non-agriculture sector  of employments.  After
                                   23 years, that is 1951, the ILO Conference at its 34th Session adopted a Minimum Wage Fixing
                                   Convention No.99 and a Recommendation No.83 for agricultural employments. Since then a
                                   number of conventions and recommendations have been adopted having important bearings
                                   on the question of minimum wages.

                                   11.2 Fixation of Minimum Wages in India

                                   India has ratified the ILO convention on Minimum Wage Fixing Machinery and has enacted a
                                   central minimum wage legislation, known as Minimum Wages Act, 1948. As in other countries,
                                   here also the need for fixing minimum wages arose from the conditions created by the payment
                                   of low and sweated wages in the unorganised and organised sectors of industries, and consequent
                                   need for protecting workers against exploitation. Before achieving the present status, the concept
                                   of minimum wages had to  pass  through  several  stages.  As far  back as  1921, a  resolution
                                   recommending the establishment of Industrial Boards for the determination of minimum wages
                                   in the Bengal Presidency was debated in the Bengal Legislative Council. Since then, the movement
                                   for fixing minimum wages by legislation  has been gaining momentum.  It received further
                                   impetus from the development of the trade union movement, and the agitation of workers and
                                   their unions for  adequate wages. In 1929, the Royal Commission of Labour recommended a
                                   policy of gradual introduction of statutory minimum wages. This cautious approach was based
                                   on their finding that there might be many trades, in which a minimum may be desirable but not




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