Published Paper Details:

The endeavor to ensure a decent standard of living, which is a constitutionally guaranteed right, has always been at the core of labour issues in the country. The Central Government in pursuance of the powers under Minimum Wages Act, 1948 has thrived to create a balance regarding pay parity in various industries. Until last year, the minimum wages was regulated under Minimum Wages Act, 1948, when the Parliament passed Code on Wages Act, 2019. Code on Wages Act, 2019 replaced four legislations Minimum Wages Act, 1948; Payment of Wages Act, 1936; Payment of Bonus Act, 1965 and Equal Remuneration Act, 1976. The new Code prohibits employer from paying workers less than the stipulated minimum wage and also imposes a condition that minimum wage must be reviewed and revised by Central and State Government at an interval of not more than five years. Due to constitutional set up, both state and centre can legislate on matter related to labour welfare which leads to multifarious jurisdictional issues, however, even after months of being enacted the Code still remains to be implemented at the ground level. Inadequacy on the part of the Government provides a platform for the intervention of the Courts. The Courts have in innumerable cases frowned upon the inadequacy of the data or consideration of obsolete data in formulation of wage structure. The authors in this paper have analysed the approach of Supreme Court in India with respect to fixation of minimum wages in the country.