A legally enforceable duty is cast upon the employer to pay every employee wages at the rate not less than minimum wages fixed, the High Court of J&K and Ladakh has said.
“Section 12 of the Minimum Wages Act casts a legally enforceable duty upon the employer to pay every employee wages at the rate not less than minimum wages fixed,” a Bench of Justice Sanjay Dhar said while rejecting government’s contention that petitioners were engaged on need basis and that they being paid wages on the consolidated basis and as such the Minimum Wages Act would not be applicable to them.
The court was hearing a petition filed by casual labourers seeking direction to the authorities to release the wages in their favour at the rate of Rs.300 per day from 1 April 2022 in light of Government Order No.121-F of 2022 dated 23 April 2022.
They had also sought directions to release the wages in their favour at the rate of Rs.225 per day from 1 January 2018 in terms of Government Order No.27-F of 2018 dated 25 January 2018 and at the rate of Rs.150 per day with effect from the year 2014 alongwith all consequential benefits.
“Since the minimum wages have been fixed by Government of J&K in terms of Government Orders dated 25.01.2018 and 23.04.2022, as such the respondents (authorities) cannot deny the benefit of the same to the petitioners,” the court said, adding, “Doing so would be violation of Section 12 of the Minimum Wages Act, which is impermissible in law.”
The court directed the authorities to calculate and disburse the wages, including the arrears at the aforesaid rates and for the aforesaid period to the petitioners, within a period of three months, failing which, the arrears of wages shall carry interest @6% per annum till their realization.
Earlier the government in reply to the petition submitted that the petitioners are working on need basis and not as daily wagers or casual labourers, as such, the Government Order dated 23 April 2022 was not applicable to them. The government had stated that the need based workers are being paid wages on the consolidated basis ranging from Rs.2000 and to Rs.4500 per month as such the Minimum Wages Act would not be applicable to them.
Source – https://kashmirobserver.net/2025/05/26/employee-cant-be-paid-less-than-minimum-wages-fixed-hc/