Applicability of minimum wage act in coop gr hsg soc

Dear Mr. Kapoor,

Since the society is not included in any of the scheduled employments under the Minimum Wages Act, same is not applicable to it.

read asection 2(e)

e) “employer” means any person who employs whether directly or through another person or whether on behalf of himself or any other person one or more employees in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act and includes except in sub-section (3) of section 26 -

(i) in a factory where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act any person named under clause (f) of sub-section (1) of section 7 of the Factories Act 1948 (63 of 1948) as manager of the factory;

(ii) in any scheduled employment under the control of any government in India in respect of which minimum rates of wages have been fixed under this Act the person or authority appointed by such government for the supervision and control of employees or where no person or authority is so appointed the head of the department;

(iii) in any scheduled employment under any local authority in respect of which minimum rates of wages have been fixed under this Act the persons appointed by such authority for the supervision and control of employees or where no person is so appointed the chief executive officer of the local authority;

(iv) in any other case where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act any person responsible to the owner for the supervision and control of the employees or for the payment of wages;

also readu section 2(i)

(i) “employee” means any person who is employed for hire or reward to do any work skilled or unskilled manual or clerical in a scheduled employment in respect of which minimum rates of wages have been fixed; and includes an out-worker to whom any articles or materials are given out by another person to be made up cleaned washed altered ornamented finished repaired adapted or otherwise processed for sale for the purposes of the trade or business of that other person where the process is to be carried out either in the home of the out-worker or in some other premises not being premises under the control and management of that other person; and also includes an employee declared to be an employee by the appropriate government; but does not include any member of the Armed Forces of the Union.

The scheduled employment includes

"Employment in the maintenance of buildings and .........."

Further exploitation of worker is also against Fundamental Rights.

But Sir, from above I am not able to make out, whether Coop gr Housing socities and Welfare assoctions of DDA flats employing watchman (Cchokidar) come under minimum wages act There are different views by different lawyers , so i wanted to know if there is any delhi high Court or supreme court judgment on this issue?

what is the full context of the query

In some Socities and welfare socities, chokidars are emoloyed directly by socities and in some socities thru agencies, in both cases the minimum wages as per minimum wage act is not being paid.In fedration of Coop Socities some members raised this issue of Minimum wages act and its applicabilty to Coop gr Hsg socities, Lawyer members have different views, Since lawyer members might have their interest I thoght the views of Independept Lawyers who does not have any vested interest may be soght, so my query is whether minimum wage act is applicable to Coop group housing socities, Majority of members are not willing to contribute more so that wages as per minimum wage act are paid.

whcih side you want to be.  I am afraid this forum may not be used for exploitation of poor.

I want to know legal position 99.9% socities are not pating wages as per minimum wade act, not only socities, the agencies supplying manpower are not paying, private employers are not paying ie individual whi hire chokidar for kothi or hire drivers , house hold helps never pay as per minimum wage act