Case Note & Summary
The dispute arose from the dismissal of a writ petition by the High Court of Bombay at Goa, challenging the validity of an Errata Notification issued by the State of Goa on 14.07.2016, which modified the earlier notification dated 23/24.05.2016 that fixed minimum wages. The original notification was issued under the Minimum Wages Act, 1948, determining minimum wages inclusive of a special allowance. The State claimed a clerical error in the original notification, which was corrected by the Errata Notification. The appellant contended that the original notification was valid and issued after following the required procedures, including consultation with the Minimum Wage Advisory Board. The Supreme Court analyzed the provisions of the Minimum Wages Act, particularly Sections 4 and 10, and concluded that the Errata Notification was issued without jurisdiction as it attempted to correct a conscious decision made by the State Government. The Court emphasized that there was no clerical or arithmetical mistake to warrant such a correction. Consequently, the Court quashed the Errata Notification and restored the original notification, allowing the appeal without costs.
Headnote
A) Labour Law - Minimum Wages - Errata Notification Validity - Minimum Wages Act, 1948, Sections 4, 5, 10 - The Supreme Court held that the Errata Notification was issued without jurisdiction as there was no clerical or arithmetical mistake in the original notification, which was issued after due procedure and consultation with the Advisory Board. The Court restored the original notification determining minimum wages including special allowance (Paras 10-11).
Issue of Consideration
Whether the Errata Notification dated 14.07.2016 correcting the earlier notification dated 23/24.05.2016 was valid.
Final Decision
The Supreme Court allowed the appeal, quashed the Errata Notification dated 14.07.2016, and restored the original notification dated 23/24.05.2016 determining minimum wages including special allowance.
Law Points
- Minimum wages
- Errata notification
- Clerical error
- Jurisdiction
- Consultation with Advisory Board
