Arunima Singh, BA LLB, Vivekananda Institute of Professional Studies, Delhi (2018-23)
ABSTRACT
Minimum wage is that wage below which an employer legally cannot pay his employees. It is one of the concepts of the wage structure in an industry, along with fair wage and living wage. Various reports have attempted to delineate the aforementioned concepts, and contributed to the labour law jurisprudence in India. Another concept that arises when considering the wage structure is that of need-based minimum wage, which becomes important in light of the truth that a worker can contribute productively to the industry and economy only when his reasonable needs are met through the wage he earns. This paper outlines the development of Indian jurisprudence on need-based minimum wage through the years, with special emphasis on the norms laid down for fixation of minimum wage in 1957, and the extension thereof through the landmark judgment of Workmen v. Reptakos Brett & Co. Ltd. by the Supreme Court in 1992. It further facilitates a look into the contemporary understanding of the same, through recent legislative developments, and the relevance of the concept in today’s world and working conditions.
Keywords: minimum wage; need-based minimum wage; Fair Wages Committee Report; ILC norms; Reptakos Brett & Co. case; equality; and social justice.
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