Quality Bank Ltd. is a new private sector bank. It displayed some vacancies of Clerks, Supervisors and Managers in its website. In response to the advertisement the aspirants applied for the various posts according to th
CS Professional · Labour Laws and Practice · PYQS · December 2024
Quality Bank Ltd. is a new private sector bank. It displayed some vacancies of Clerks, Supervisors and Managers in its website. In response to the advertisement the aspirants applied for the various posts according to the required qualifications and experiences. Dinesh who applied for the post of clerk in the Bank got the job offer. Dinesh was given the appointment to join at its Barmer Branch. Since Dinesh was unemployed before joining this Bank, so he immediately joined without seeing the salary structure. After joining he realized that there is a big disparity between the salary structure of clerk and the officer. Dinesh was not getting the salary as per his expectation, so he made a complaint to the Government of Rajasthan against the Bank for exploitation of the clerical staff and not providing of adequate salary and requested for the revision of the salary under the Minimum Wages Act, 1948. Pragati also received an appointment letter on 10th July, 2024 from Quality Bank Ltd. She was offered appointment for the post of Assistant Manager and was to report joining at the Bank Branch situated at Johari Bazar, Jaipur on or before the 15th July, 2024. Pragati approached the Branch Manager and showed her appointment letter. After the necessary formalities she joined the Bank on 14th July, 2024. On 2nd October, 2024 Pragati applied for the maternity leave. The Branch Manager amazed to receive the leave application on the ground of maternity since at the time of joining on 14th July, 2024 Pragati's medical/fitness report was not showing any sign of pregnancy. Pragati then informed to the Branch Manager that she became mother of twin babies on 2nd October, 2024 through surrogacy and both the babies have been handed over to her on this date by the surrogated mother. However, the Branch Manager was not convinced with the plea of Pragati and he refused to grant the maternity leave. But Pragati proceeded on the maternity leave. The Branch Manager treated the leave availed by Pragati as absence on duty and accordingly deducted the wages and extended her probation period. Pragati's husband is a pilot in True Aviation Company (TAC). The TAC runs flights in India's air space and connects link between the capital cities and other major cities of India. Aviation companies in order to cut the cost are adopting various measures including the salary cut and reduction in wages. The TAC also adopted these measures and for the FY 2022-23 the company decided not to pay any bonus to the ground staff and air staff including the pilots. Based on the given facts, answer the following questions: In the given case Dinesh made a complaint to the Government of Rajasthan for not providing of adequate salary as per the Minimum Wages Act, 1948 to the clerical staff. Whether the Government of Rajasthan is the Appropriate Government and the Minimum Wages Act, 1948 is applicable on banking industry ?
Answer & Explanation:
In terms of Section 2(b) of the Minimum Wages Act, 1948 "appropriate Government" means, - in relation to any scheduled employment carried on by or under the authority of the Central Government or a railway administration, or in relation to a mine, oilfield or major port, or any corporation established by a Central Act, the Central Government, and in relation to any other scheduled employment, the State Government. The Schedule attached to the Act does not have any mention of the banking industry. Therefore, the Government of Rajasthan is not the Appropriate Government in this case. Since the banking industry is not included in the Scheduled industry of the Act, therefore the Minimum Wages Act, 1948 is not applicable.
Topics: Wages and Benefits
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