VidhiSangh

Supreme Court of India · 19/02/2019

UNION OF INDIA & ANR. versus AVTAR CHAND ETC. ETC.

[2019] 4 S.C.R. 577 · 2019 INSC 225

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Summary

The Court reduced minimum-wage compensation from twice the wage shortfall to an amount equal to the shortfall. Similarly placed workers had received the lower rate under an identical final decision, and no reason supported the different treatment. Although the authority has discretion over compensation, differing rates for comparable workers require reasons. Each worker remained entitled to the full wage difference plus equal compensation.

Issues

  1. Whether unexplained compensation at twice the shortfall could stand when similarly situated workers received an amount equal to the shortfall.

Provisions considered

Held

Result

Appeals allowed; compensation reduced to one hundred per cent of the wage shortfall, with total payment of Rs 99,608 to each worker within three months after verification.

Judgment PDF: Supreme Court of India, [2019] 4 S.C.R. 577.