Unskilled, semi-skilled and skilled workers will get the benefit of dearness allowance
Delhi High Court refuses to ban DA
Court said, it is difficult to live life on minimum salary of Rs 15,000
The Delhi High Court refused to impose any interim stay on the Delhi government’s order to provide dearness allowance (DA) to unskilled, semi-skilled and skilled workers in the national capital.
A bench of Chief Justice DN Patel and Justice Jyoti Singh refused to put a stay on the order of the Delhi government’s Labor Department on December 7, 2020 to fix dearness allowance, saying that it is difficult to spend life in the national capital at a minimum wage of Rs 15,000 is..
The court issued notice to the Delhi government and its labor department on the plea of the ‘Delhi Factory Honors Federation’ to stay the order of December 7 and sought their reply. The petition in the main petition filed by the petitioner-organization has challenged the notification of October 2019 issued by the Delhi government to revise the minimum wage for all categories of workers and employees.
Additional Permanent Advocate Sanjay Ghosh and Advocate Rishabh Jaitley, appearing for the Delhi government, defended the government’s October 2019 notification saying that food, clothing, housing, fuel, children’s education, average cost of medical expenses and other aspects Rate was determined on the basis.
The Delhi government has filed an affidavit stating that before fixing the minimum wage, the Delhi Minimum Wage Advisory Board was constituted and it was discussed with all stakeholders including the petitioner organization.
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After no consensus was reached in the discussion, the matter was decided by vote and the board members approved the rate on the basis of majority. The organization has contended that there is a discrepancy in the order of the Additional Labor Commissioner of the Department of Labor on December 7, 2020 as the DA has been implemented with effect from April 1, 2020 and October 2020. In the petition, the organization has said that the order of December 7, 2020 cannot be implemented with prior effect.
