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TMI Blog2022 (5) TMI 1663X X X X Extracts X X X X X X X X Extracts X X X X ..... d Under Section 5. Once the minimum wages were revised and determined, which included the basic rates of wages and the special allowance as per Section 4(1)(i) of the Act, 1948, thereafter it cannot be said that there was any clerical and/or arithmetical mistake in mentioning Clause (i). The minimum wages were revised and determined even after consultation with the Minimum Wage Advisory Board as required Under Section 5 of the Act, 1948. Therefore, once there was no mistake, the same could not have been corrected in exercise of powers Under Section 10 of the Act, 1948. In the present case, a conscious decision was taken by the State Government after consultation with the Minimum Wage Advisory Board and thereafter the minimum wages were revised and determined in exercise of power Under Section 4(1)(i). Therefore, it cannot be said that there was any arithmetical and/or clerical mistake, which could have been corrected in exercise of powers Under Section 10 of the Act, 1948. Even by applying Section 21 of the General Clauses Act and assuming that the State was having power to amend, vary or rescind the notification, in that case also such power can be exercised in a like manner, name ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... minimum rates of wages payable to the various categories of the employees employed in various trades in the Scheduled Employment, which included the basic rates of wages plus special allowance. The revised minimum rates of wages as per the said notification is as under: a) Basic rates of wages as set out in Columns (3) of the Schedule, annexed to this notification and payable to the categories of employees mentioned against them in Column (2) thereof; and b) Government also hereby introduce payment of special allowance (hereinafter referred to as variable dearness allowance) in addition to the revised minimum rates of wages as notified above at the rate of Rs. 0.95 paise for every point rise or fall beyond 269 points of All India Consumer Price Index for Industrial Workers base year 2001=100. Commissioner, Labour and Employment, Panaji shall calculate, adjust and notify such special allowance first time on and from 01-10-2016 based on the average All India Consumer Price Index for Industrial workers (2001=100) for the period 1st January to 30th June, 2016. Thereafter, Commissioner, Labour and Employment, Panaji shall periodically adjust and notify the rate of special allowance once ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowance. 2.3. Feeling aggrieved and dissatisfied with the Errata notification dated 14.07.2016, the Appellant herein preferred the writ petition before the High Court. It was the case on behalf of the State before the High Court that there was a mistake while issuing the notification dated 23/24.05.2016 and instead of Clause (iii) Clause (i) was mentioned and therefore, by the subsequent Errata Notification, the same has been corrected. The High Court accepted the same and by the impugned judgment and order, the High Court has dismissed the said writ petition. 2.4. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court dismissing the writ petition, the original writ Petitioner has preferred the present appeal. 3. Shri Mayank Pandey, learned Counsel appearing on behalf of the Appellant has vehemently submitted that the High Court has committed a grave error in holding that there was a mistake while issuing the first notification dated 23/24.05.2016 in which by mistake instead of Clause (iii), Clause (i) was mentioned. 3.1. It is submitted that as such the notification dated 23/24.05.2016 was issued after following due procedure as require ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e correction of a clerical or arithmetical mistake in any order fixing or revising the minimum rates of wages. It is submitted that therefore the High Court has rightly dismissed the writ petition. 5. We have heard the learned Counsel appearing for the respective parties at length. 6. Vide Notification dated 23/24.05.2016, the State Government determined the minimum wages, which included the basic rates of wages and the special allowance. The notification specifically stated that the said notification has been issued in exercise of powers conferred by Clause (b) of Sub-section (1) of Section 3 read with Clause (i) of Sub-section (1) of Section 4 and Sub-section (2) of Section 5 of the Act, 1948. As can be seen from the contents of the said notification, the said notification was issued in consultation with the Minimum Wage Advisory Board and thereafter the minimum wages were revised. Thus, the minimum wages were revised under Clause (i) of Sub-section (1) of Section 4 after following the due procedure as required Under Section 5. Sections 4 and 5, which are relevant for our purpose are extracted as under: 4. Minimum rate of wages.--(1) Any minimum rate of wages fixed or revised by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rates of wages by the mode specified in Clause (b) of Sub-section (1), the appropriate Government shall consult the Advisory Board also. 7. Therefore, once the minimum wages were revised and determined, which included the basic rates of wages and the special allowance as per Section 4(1)(i) of the Act, 1948, thereafter it cannot be said that there was any clerical and/or arithmetical mistake in mentioning Clause (i). The minimum wages were revised and determined even after consultation with the Minimum Wage Advisory Board as required Under Section 5 of the Act, 1948. Therefore, once there was no mistake, the same could not have been corrected in exercise of powers Under Section 10 of the Act, 1948. 7.1. Even as per Section 10, only the clerical or arithmetical mistakes in any order fixing or revising minimum rates of wages can be corrected. Section 10 of the Act, 1948 reads as under: 10. Correction of errors.--(1) The appropriate Government may, at any time, by notification in the Official Gazette, correct clerical or arithmetical mistakes in any order fixing or revising minimum rates of wages under this Act, or errors arising therein from any accidental slip or omission. (2) Every ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der: 8. That, the Respondent No. 1 in exercise of the powers conferred by Clause (b) of Sub-section (1) of Section 3, read with Clause (iii) of Sub-section (1) of Section 4 and Section 5(1)(b) of the Minimum Wages Act, 1948, published a Draft Notification in the Official Gazette, Series I, No. 9, dated 28/05/2015 in Order to consider objections, suggestions, and representations by the Respondent No. 1 from all the concerned stakeholders. 9. That, I state that at this stage, the representatives of the Labour Union objected to the draft Notification by putting forth their views for introduction of a special allowance in the form of 'Variable Dearness Allowance' (VDA). That, the deliberations continued over a long period of time thereby resulting in delay in issuing the Final Notification for minimum wages. 10. That, I further state that taking into consideration the demand and need for introduction of special allowances in the form of Variable Dearness. Allowance (VOA) and the delay caused in the deliberations resulting in hike in Consumer Price Index and to avoid any further delay, the State Government had in the Final Notification raised the minimum rates of wages proposed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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