ABSTRACT

Minimum Wages Act, 1948- Revision of minimum rates of wages for employment in Shops and Commercial Establishments- Preliminary Notification-Confirmed.

LABOUR AND EMPLOYMENT DEPARTMENT

G.O.(Ms).NO. 5                                                 

DATED: 22.2.2005

READ:-

1. G.O.(2D) No.44, Labour and Employment Department dated 13.7.2000.
2. G.O.(2D) No.35, Labour and Employment Department, dated 5.5.2003
3. From the Commissioner of Labour, Chennai-6, Letter No. S1/58510/2002, dated 4.3.2004.

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ORDER:

In the Government Order first read above, orders were issued lastly revising the minimum rates of wages for employment in Shops and Commercial Establishments. In the government Order second read above, a Preliminary Notification containing proposals to revise further the minimum rates of wages for employment in Shops and Commercial Establishments was issued and objection and suggestion were invited from the persons likely to be affected by such revision.

2. After examining the objection and suggestion with regard to the preliminary Notification the Government have decided to confirm the preliminary Notification. The appended Notification will be published in the Tamil Nadu Government Gazette both in English and Tamil. The Secretary to Government, Tamil Development Culture and Religious Endowments (Translation) Department , Secretariat, Chennai-600 009 is requested to supply the Works Manager, Government Central Press, Chennai-600079 with the Tamil translation of the Notification.

To

The Works Manager, Government Central Press, . Chennai-79 (for publication of the notification in the Tamil Nadu Government Gazette) (2 copies)

(He is requested to send 5 copies of the Notification to this Department for reference and record)

The Secretary to Government, Tamil Development , Culture and Religious Endowments (Translation) Department, Chennai-9 (2 copies)

The Commissioner of Labour, Chennai-600 006 (5 copies)

The Chief Inspector of Factories, Chennai-600 005

The Director of Industries and Commerce, Chennai-9

Copy to:

The Secretary to Government o India, Ministry of Labour, New Delhi-110 001

The Director, Labour Bureau, Government of India, Ministry of Labour , SCO-28-31 Section 17-A, Chandigarh-160017

All Collectors

The Employers' and Employees' Organisations through the Commissioner of Labour, Chennai-60 006 (25 copies)

The Secretary to Government of Andhra Pradesh, Labour Department, Hyderabad

The Secretary to Government of Karnataka, Labour Department, Bangalore

The Secretary to Government of Kerala, Labour Department, Thiruvananthapuram

The Secretary to Government of Pondicherry, Labour Department, Pondicherry.

The Secretary (Labour) Administration of Union Territory of Lakshadweep. Kavaratti Island-682 555.

.The Regional Labour Commissioner, Sastri Bhavan, Haddows Road, Chennai-600 006

The Law Department, Chennai-600 009

The Private Secretary to Principal Secretary to Government, Labour and Employment Department, Chennai-600 009

SF/SC

//Forwarded by order//

SECTION OFFICER.

APPENDIX.

NOTIFICATION.

In exercise of the powers conferred by clause (b) of sub-section (1) of section 3 and sub-section (2) of section 5 of the Minimum Wages Act, 1948 (Central Act XI of 1948) and in supersession of the Labour and Employment Department Notification No.II(2)/LE/926/2000, published at pages 422 to 424 of Part II-Section 2 of the Tamil Nadu Government Gazette, dated the 16 th August, 2000, the Governor of Tamil Nadu after consultation with the Advisory Board , hereby revises the minimum rates of wages payable to the classes of employees in the employment in the Shops and Commercial Establishments in the State of Tamil Nadu specified in column (1) of the Schedule below, as specified in the corresponding entries in column (2) thereof , the draft of the same having been previously published as required under clause (b) of sub-section (1) of section 5 of the said Act.

2. This Notification shall come into force with effect on and from the date of its publication in the Tamil Nadu Government Gazette.

THE SCHEDULE.

EMPLOYMENT IN SHOPS AND COMMERCIAL ESTABLISHMENTS.

Explanations.-

(1) Dearness Allowance.- In addition to the minimum wages fixed above, the employees shall be paid Dearness Allowance as indicated below:-

(i) The Dearness Allowance, is linked to the Average Consumer Price Index of Chennai City for the year 2000 that is, 475 points with base 1982=100 and for any further rise of every one point over and above 475 points, an increase of Rs.4.30 (Rupees four and thirty paise only) per month shall be paid as Dearness Allowance;

(ii) The Dearness Allowance shall be calculated every year on the 1 st April on the basis of the average of the indices for the preceding 12 months, that is, from January to December; and

(iii) The first calculation of the Dearness Allowance shall thus be effective from the date of publication of this Notification in the Tamil Nadu Government Gazette based on the average Chennai City Consumer Price Index for the previous year, that is from January to December.

(2) The classification of Zones, shall be as follows:-

(i) Zone-A: Shall include all Corporations and Special Grade Municipalities;

(ii) Zone-B Shall include all Municipalities other than Special Grade Municipalities;

(iii) Zone-C Shall include Townships, Town Panchayats and Cantonments; and

(iv) Zone-D: Shall include all places other than those mentioned in Zone-A, B and C.

(3) Where the nature of work is the same, no distinction in the payment of wages shall be made between men and women workers.

(4) To arrive at daily rates of wages, the monthly wages shall be divided by 26.

(5) Wherever the existing wages are higher than the minimum wages fixed herein such higher wages shall be continued to be paid.

//True Copy//

SECTION OFFICER.