Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 5 and 10 – Determination / revision of minimum wages Minimum Wages Act 1948 – ss.4 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Minimum Wages Act, 1948 – ss.4, 5 and 10 – Determination / revision of minimum wages – Errata Notification dated 14.07.2016 issued by the State of Goa in purported exercise of s.10 of the 1948 Act modifying /correcting its earlier notification dated 23/24.05.2016 – Validity of – Held: Notification dated 23/24.05.2016 was issued in consultation with the Minimum Wage Advisory Board and thereafter the minimum wages were revised under clause (i) of subsection (1) of s.4 of the 1948 Act after following due procedure as required u/s.5 – A conscious decision was thus taken by the State Government after consultation with the Minimum Wage Advisory Board – Therefore, it cannot be said that there was any arithmetical and/or clerical mistake, which could have been corrected in exercise of powers u/s.10 of the 1948 Act – Even assuming that the State was having the power to amend, vary or rescind the notification in exercise of powers u/s.21 of the General Clauses Act, in that case also, when the earlier notification dated 23/24.05.2016 was issued after following the due procedure as required u/ss.4 and 5 of the 1948 Act, the same procedure ought to have been followed even while varying and/or modifying the notification – Hence, notification dated 23/24.05.2016 could not have been modified by an Errata Notification issued in purported exercise of s.10 – Errata Notification dated 14.07.2016 was wholly without jurisdiction and contrary to provisions of the 1948 Act, and is thus quashed – Earlier notification dated 23/24.05.2016, accordingly, restored – General Clauses Act, 1897 – s.21. Minimum Wages Act, 1948 – s.10 – Fixation / revision of minimum rate of wages – Notification issued by State Government – Correction of errors in the notification – Scope – Held: As per s.10, only the clerical or arithmetical mistakes in any order fixing or revising minimum rates of wages can be corrected. Words and Phrases – Expressions “arithmetical error” and “clerical error” – Meaning of – Held: An arithmetical mistake is a mistake of calculation while a clerical mistake is a mistake in writing or typing |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 546 |
Petitioner | Gomantak Mazdoor Sangh |
Respondent | State Of Goa & Anr. |
SCR | [2022] 3 S.C.R. 161 |
Judgement Date | 2022-05-10 |
Case Number | 2982 |
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