‘Fix fresh pay for garment workers from Dec 2014’

A division bench comprising Justice Huluvadi G Ramesh and Justice MV Muralidharan, citing the long history of non-payment of minimum wages, imposed an interest of 6 percent on the unpaid wages since December 2014. The bench on directing the payment of arrears within two months also sought the government to ensure the effective implementation of its order. 

The plea moved by the Garment and Fashion Workers’ Union had contended that when the wage revision was made in 2005, the manufacturers stalled its implementation by obtaining a stay. Subsequently, the final notification for wage revision in the tailoring industry was passed on December 3, 2014 after a gap of 8 years. But even then hurdles were brought by the manufacturers through stay orders. 

The plea also submitted that the employers of the tailoring industry have stalled revision of minimum wages to their workers since 1988. Now, they have adopted a similar strategy to prevent workers from getting the government fixed minimum wages by not making any representation during the time given before the final notification and instead approach the Court and stay the revision immediately after the notification is made. 

Due to this, the workers, a majority of them being women, are working at wages as low as Rs. 4,000 and naturally unable to improve their quality of life. Sujata Mody, president, Garment and Fashion Workers Union, on welcoming the order, said “Minimum Wage Act is a welfare legislation, aimed to ensure workers are not forced to live in poverty and non-payment of minimum wages violates fundamental rights, particularly Article 23 of the Constitution of India. 

The size of the industry is immaterial and an employer who cannot pay the minimum wages has no right to exist.” Meanwhile, the workers have also urged the managements to abide by the High Court order and provide justice to the workers who contribute to their profits as well as enable inflow of foreign exchange into the country. The workers also sought the state to take immediate steps to implement the minimum wages, that have been in abeyance for many years.