The question (12 marks)
Explain the procedure for the fixation and revision of minimum rates of wages under the Minimum Wages Act, 1948. Is the power to fix a minimum wage consistent with the freedom of trade and business? (12 marks)
MU Module I, Minimum Wages Act 1948, fixation and revision; pack ch. 01 §6.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Payment of Wages and Minimum Wages of Labour Law and Industrial Relations – II.
Authorities you will need
- Minimum Wages Act 1948, ss. 3(1)(a), 3(1A), 3(1)(b), 3(2), 3(3)
- Minimum Wages Act 1948, s. 4(1) and (2)
- Minimum Wages Act 1948, s. 5(1) and (2) with the proviso
- Minimum Wages Act 1948, ss. 9, 17, 25, 27
- Bijay Cotton Mills v. State of Ajmer
- U. Unichoyi v. State of Kerala, A.I.R. 1962 SC 12
- Constitution of India, Arts. 19(1)(g), 19(6) and 43
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.