The Division Bench upheld the Tamil Nadu government’s writ appeal (WA 867/2015) and dismissed about 550 petitions filed by garment manufacturers to quash the revision in minimum wages for tailoring industry. The Division Bench of the Madras High Court constituting of Justices Ulavadi G. Ramesh and M V Murlidharan decided to uphold the Government Order 59 2D, dated from 3 December 2014.
Earlier in 2005, the government had issued a notification on minimum wage which was not implemented by the garment manufacturers. The manufacturers had gone to court and obtained a stay order in their favour. It had taken a huge effort from GAFWU and trade unions to get all the petitions of the manufacturers dismissed. In 2012, the government once again started the process of revising the minimum wages, and finally notified it by the GO 59 dated 3 December 2014.
The two-member Division Bench in their order held that given the long history of non-payment of minimum wages, an exemplary interest of 6 percent should be paid on the unpaid wages/arrears since December 2014 within a period of two months. Further, the court directed the government and GAFWU to ensure effective implementation of the revised minimum wage and the payment of arrears.
The recent Textile Policy of the Government of India claims to promote both employment and exports. A 6000 crore incentive package has been proposed for this sector. The policy is aimed at deregulating this sector further in terms of statutory obligations of employers towards workers. The government, in fact, is legalizing longer hours of work, non-contribution of employers to statutory PF for new workers, providing tax breaks in the name of employment generation to incentive employers. The protection to workers has virtually been reduced to the protection under minimum wages. In this policy context, the implementation of the revised minimum wages is crucial for over 1 million garment workers, mostly women.
Earlier in 2005, the government had issued a notification on minimum wage which was not implemented by the garment manufacturers. The manufacturers had gone to court and obtained a stay order in their favour. It had taken a huge effort from GAFWU and trade unions to get all the petitions of the manufacturers dismissed. In 2012, the government once again started the process of revising the minimum wages, and finally notified it by the GO 59 dated 3 December 2014.
The two-member Division Bench in their order held that given the long history of non-payment of minimum wages, an exemplary interest of 6 percent should be paid on the unpaid wages/arrears since December 2014 within a period of two months. Further, the court directed the government and GAFWU to ensure effective implementation of the revised minimum wage and the payment of arrears.
The recent Textile Policy of the Government of India claims to promote both employment and exports. A 6000 crore incentive package has been proposed for this sector. The policy is aimed at deregulating this sector further in terms of statutory obligations of employers towards workers. The government, in fact, is legalizing longer hours of work, non-contribution of employers to statutory PF for new workers, providing tax breaks in the name of employment generation to incentive employers. The protection to workers has virtually been reduced to the protection under minimum wages. In this policy context, the implementation of the revised minimum wages is crucial for over 1 million garment workers, mostly women.
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