The Supreme Court noted that the earlier notification specifically stated that it has been issued in exercise of powers conferred by the 1948 Act. Moreover, it was also noted that this notification was issued in consultation with the Minimum Wage Advisory Board and thereafter, only the minimum wages were revised under Section 4 after following the due procedure under Section 5 of the 1948 Act.
In this backdrop, the Bench observed that:
“Once the minimum wages were revised and determined, which included the basic rates of wages and the special allowance as per Section 4(1)(i) of the Act, 1948, thereafter it cannot be said that there was any clerical and/or arithmetical mistake in mentioning clause (i). The minimum wages were revised and determined even after consultation with the Minimum Wage Advisory Board as required under Section 5 of the Act 1948. Therefore, once there was no mistake, the same could not have been corrected in exercise of powers under Section 10 of the Act 1948.”
Source: Barandbench
