2024 LLR WEB 32 (MADRAS HIGH COURT)
Claim for minimum wages under section 33(C)(2) needs to substantiated with Consumer Price Index

A. INDUSTRIAL DISPUTES ACT, 1947 - Sections 5,33(C) (2), Chapter V-A & Chapter V-B - Claim of Benefits - Pre-existing Right - Workmen filed claimed petition under Section 33(C)(2) & 5 of Act to claim benefits and for closure of management - Respondent no. 1 ordered to pay minimum wages, bonus and overtime wages with interest - High Court Held, workmen should have produced the Consumer Price Index for each year to demonstrate how this variable payment is arrived - Workmen cannot claim the minimum wages under Section 33(C)(2) of Act without prior adjudication - Where any money is due to the workmen from an employer under settlement or award or under the provisions of Chapter V-A or Chapter V-B, the workmen can very well make claim for recovery of the said money due - Claim of the minimum wages can be claimed only after adjudication it is not a benefit to be claimed under Section 33(C)(2) of Act - No evidence produced by the workmen to show that they had done overtime for 75 hours every m... subscribe to read more..