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Supreme Court of India · 10/05/2022

GOMANTAK MAZDOOR SANGH versus STATE OF GOA & ANR.

[2022] 3 S.C.R. 161 · 2022 INSC 546

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Summary

By a notification of 23/24.05.2016 under Section 4(1)(i) of the Minimum Wages Act, 1948, after inviting objections and consulting the Advisory Board, the State of Goa revised minimum wages as a basic rate plus a special (variable dearness) allowance. By an 'errata' notification of 14.07.2016 it substituted 'clause (iii)' for 'clause (i)', converting the wage into an all-inclusive rate without the allowance. The Bombay High Court at Goa accepted the State's plea of a clerical mistake. The Supreme Court allowed the union's appeal: the choice of clause (i) was a conscious decision taken after the union's representations, not a clerical or arithmetical mistake correctable under Section 10, and even the power under Section 21 of the General Clauses Act to amend a notification must follow the procedure of Sections 4 and 5; the errata was quashed and the original notification restored.

Issues

  1. Whether a State Government may, by an 'errata' notification invoking Section 10 of the Minimum Wages Act, 1948, alter a minimum-wage notification consciously issued under Section 4(1)(i) (basic rate plus special allowance) into one under Section 4(1)(iii) (all-inclusive rate), on the plea that the reference to clause (i) was a clerical mistake.

Provisions considered

Held

Result

Appeal allowed; the Bombay High Court at Goa's judgment of 01.08.2016 in Writ Petition No. 710 of 2016 set aside; the Errata Notification dated 14.07.2016 quashed and the notification dated 23/24.05.2016 revising minimum wages as basic rates plus special allowance under Section 4(1)(i) of the Minimum Wages Act, 1948 restored. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 161.