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HC notice to Centre, Delhi Govt on PIL seeks timely enforcement of employee data upload mandate

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New Delhi | November 28, 2023 2:50:24 PM IST
The Delhi High Court on Tuesday issued notice to Centre and Delhi Government on a Public Interest Litigation (PIL) plea sought direction to frame rules required to implement Section 31A of the Minimum Wages Act, 1948, as inserted by the Minimum Wages (Delhi) Amendment Act, 2017, which obliges every employer to upload employees' data on a website or web portal.

Plea stated that this will be beneficial for over 60 lakh workers working in over 20 lakh establishments in Delhi.

The bench headed by acting Chief Justice Manmohan also comprising Justice Mini Pushkarna, while seeking response of Delhi Government in the matter, also impleaded Union of India as party in the matter and sought its response also in the matter.

Petitioner, Social Jurist (A Civil Rights Group), through its president, Kusum Sharma, also highlighted the very objective and purpose of Section 31A of the Minimum Wages Act, 1948, as inserted by the Minimum Wages (Delhi) Amendment Act, 2017, which is to protect workers from exploitation, which is literally defeated by delay or not framing rules to implement Section 31A of the Minimum Wages Act, 1948.

The plea filed through Advocates Ashok Agarwal and Kumar Utkarsh submitted that the Minimum Wages (Delhi) Amendment Act, 2017 received the assent of the President of India on April 23, 2018. It was published in the Delhi Gazette, Extraordinary Part IV, on May 4, 2018.

It is submitted that necessary rules are required to be framed for implementation of the aforementioned Section 31A of the Minimum Wages Act, 1948, as applicable to Delhi, which have not so far been framed despite the fact that the said Amendment Act came into force on May 4, 2018, stated the plea.

The plea also alleged that the respondent governments has no justification for delay or not framing the required rules to implement Section 31A of the Minimum Wages Act 1948 as applicable in Delhi. The impugned actions or inactions are otherwise also bad in law, the plea read. (ANI)

 
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