# GOMANTAK MAZDOOR SANGH v. STATE OF GOA & ANR

- **Citation:** [2022] 3 S.C.R. 161
- **Court:** Supreme Court of India
- **Decided:** 2022-05-10
- **Case number:** Civil Appeal No.2982 of 2022
- **Bench:** M. R. Shah, B. V. Nagarathna
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/gomantak-mazdoor-sangh-v-state-of-goa-anr-35936
- **Pages:** 13

## Headnote

Minimum Wages Act, 1948 - ss.4, 5 and 10 - Determination /
revision of minimum wages - Errata Notification dated 14.07.2016
issued by the State of Goa in purported exercise of s.10 of the 1948
Act modifying /correcting its earlier notification dated 23/24.05.2016
- Validity of - Held: Notification dated 23/24.05.2016 was issued
in consultation with the Minimum Wage Advisory Board and
thereafter the minimum wages were revised under clause (i) of subsection (1) of s.4 of the 1948 Act after following due procedure as
required u/s.5 - A conscious decision was thus taken by the State
Government after consultation with the Minimum Wage Advisory
Board - Therefore, it cannot be said that there was any arithmetical
and/or clerical mistake, which could have been corrected in exercise
of powers u/s.10 of the 1948 Act - Even assuming that the State
was having the power to amend, vary or rescind the notification in
exercise of powers u/s.21 of the General Clauses Act, in that case
also, when the earlier notification dated 23/24.05.2016 was issued
after following the due procedure as required u/ss.4 and 5 of the
1948 Act, the same procedure ought to have been followed even
while varying and/or modifying the notification - Hence, notification
dated 23/24.05.2016 could not have been modified by an Errata
Notification issued in purported exercise of s.10 - Errata
Notification dated 14.07.2016 was wholly without jurisdiction and
contrary to provisions of the 1948 Act, and is thus quashed - Earlier
notification dated 23/24.05.2016, accordingly, restored - General
Clauses Act, 1897 - s.21.
Minimum Wages Act, 1948 - s.10 - Fixation / revision of
minimum rate of wages - Notification issued by State Government -
Correction of errors in the notification - Scope - Held: As per s.10,
only the clerical or arithmetical mistakes in any order fixing or
revising minimum rates of wages can be corrected.
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Words and Phrases - Expressions "arithmetical error" and
"clerical error" - Meaning of - Held: An arithmetical mistake is a
mistake of calculation while a clerical mistake is a mistake in writing
or typing.
Allowing the appeal, the Court
HELD:1. Vide Notification dated 23/24.05.2016, the State
Government determined the minimum wages, which included the
basic rates of wages and the special allowance. The notification
specifically stated that the said notification has been issued in
exercise of powers conferred by clause (b) of sub-section (1) of
section 3 read with clause (i) of sub-section (1) of Section 4 and
sub-section (2) of Section 5 of the Minimum Wages Act, 1948. As
can be seen from the contents of the said notification, the said
notification was issued in consultation with the Minimum Wage
Advisory Board and thereafter the minimum wages were revised.
Thus, the minimum wages were revised under clause (i) of subsection (1) of Section 4 after following the due procedure as
required under Section 5. [Para 6][168-C-E]
2. 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. [Para 7][170-B-C]
3. Even as per Section 10, only the clerical or arithmetical
mistakes in any order fixing or revising minimum rates of wages
can be corrected. An arithmetical mistake is a mistake of
calculation; a clerical mistake is a mistake in writing or typing.
An error arising out of or occurring from an accidental slip or
omission is an error due to a careless or inadvertent mistake or
omission unintentionally made. [Paras 7.1

## Text

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 [2022] 3 S.C.R. 161
161
GOMANTAK MAZDOOR SANGH
v.
STATE OF GOA & ANR.
(Civil Appeal No.2982 of 2022)
MAY 10, 2022
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Minimum Wages Act, 1948 - ss.4, 5 and 10 - Determination /
revision of minimum wages - Errata Notification dated 14.07.2016
issued by the State of Goa in purported exercise of s.10 of the 1948
Act modifying /correcting its earlier notification dated 23/24.05.2016
- Validity of - Held: Notification dated 23/24.05.2016 was issued
in consultation with the Minimum Wage Advisory Board and
thereafter the minimum wages were revised under clause (i) of subsection (1) of s.4 of the 1948 Act after following due procedure as
required u/s.5 - A conscious decision was thus taken by the State
Government after consultation with the Minimum Wage Advisory
Board - Therefore, it cannot be said that there was any arithmetical
and/or clerical mistake, which could have been corrected in exercise
of powers u/s.10 of the 1948 Act - Even assuming that the State
was having the power to amend, vary or rescind the notification in
exercise of powers u/s.21 of the General Clauses Act, in that case
also, when the earlier notification dated 23/24.05.2016 was issued
after following the due procedure as required u/ss.4 and 5 of the
1948 Act, the same procedure ought to have been followed even
while varying and/or modifying the notification - Hence, notification
dated 23/24.05.2016 could not have been modified by an Errata
Notification issued in purported exercise of s.10 - Errata
Notification dated 14.07.2016 was wholly without jurisdiction and
contrary to provisions of the 1948 Act, and is thus quashed - Earlier
notification dated 23/24.05.2016, accordingly, restored - General
Clauses Act, 1897 - s.21.
Minimum Wages Act, 1948 - s.10 - Fixation / revision of
minimum rate of wages - Notification issued by State Government -
Correction of errors in the notification - Scope - Held: As per s.10,
only the clerical or arithmetical mistakes in any order fixing or
revising minimum rates of wages can be corrected.
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Words and Phrases - Expressions "arithmetical error" and
"clerical error" - Meaning of - Held: An arithmetical mistake is a
mistake of calculation while a clerical mistake is a mistake in writing
or typing.
Allowing the appeal, the Court
HELD:1. Vide Notification dated 23/24.05.2016, the State
Government determined the minimum wages, which included the
basic rates of wages and the special allowance. The notification
specifically stated that the said notification has been issued in
exercise of powers conferred by clause (b) of sub-section (1) of
section 3 read with clause (i) of sub-section (1) of Section 4 and
sub-section (2) of Section 5 of the Minimum Wages Act, 1948. As
can be seen from the contents of the said notification, the said
notification was issued in consultation with the Minimum Wage
Advisory Board and thereafter the minimum wages were revised.
Thus, the minimum wages were revised under clause (i) of subsection (1) of Section 4 after following the due procedure as
required under Section 5. [Para 6][168-C-E]
2. 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. [Para 7][170-B-C]
3. Even as per Section 10, only the clerical or arithmetical
mistakes in any order fixing or revising minimum rates of wages
can be corrected. An arithmetical mistake is a mistake of
calculation; a clerical mistake is a mistake in writing or typing.
An error arising out of or occurring from an accidental slip or
omission is an error due to a careless or inadvertent mistake or
omission unintentionally made. [Paras 7.1 and 7.2][170-C-D, F]
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Master Construction Co. (P) Ltd. vs. State of Orissa
and Anr., [1966] 3 SCR 99 - relied on.
4. In the present case, a conscious decision was taken by
the State Government after consultation with the Minimum Wage
Advisory Board and thereafter the minimum wages were revised
and determined in exercise of power under Section 4(1)(i).
Therefore, it cannot be said that there was any arithmetical and/
or clerical mistake, which could have been corrected in exercise
of powers under Section 10 of the Act, 1948. [Para 7.3][170-G-H]
5. Even by applying Section 21 of the General Clauses Act
and assuming that the State was having power to amend, vary or
rescind the notification, in that case also such power can be
exercised in a like manner, namely after following the procedure,
which was followed while issuing the original notification.
Therefore, in the present case, assuming that the State was having
the power to amend, vary or rescind the notification in exercise
of powers under Section 21 of the General Clauses Act, in that
case also, when the earlier notification dated 23/24.05.2016 was
issued after following the due procedure as required under
Sections 4 and 5 of the Act, 1948, the same procedure ought to
have been followed even while varying and/or modifying the
notification. Hence, the notification dated 23/24.05.2016 could
not have been modified by such an Errata Notification which was
issued in purported exercise of Section 10 of the Act, 1948.
[Para 9][172-E-G]
6. The Errata Notification dated 14.07.2016 was wholly
without jurisdiction and contrary to the relevant provisions of
the Minimum Wages Act, 1948. The Errata Notification dated
14.07.2016 is hereby quashed and set aside and the earlier
notification dated 23/24.05.2016 revising and determining the
minimum wages, which included the basic rates of wages plus
special allowance is hereby restored. [Paras 10, 11][172-G;
173-B-C]
Case Law Reference
[1966] 3 SCR 99
relied on
Para 3.3
GOMANTAK MAZDOOR SANGH v. STATE OF GOA & ANR.
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CIVIL APPELLATE JURISDICTION : Civil Appeal No.2982
of 2022.
From the Judgment and Order dated 01.08.2016 of the High Court
of Bombay at Goa in Writ Petition No.710 of 2016.
Mayank Pandey, Shivraj Gaonkar, Advs. for the Appellant.
Abhay Anil Anturkar, Ms. Bhavya Pande, Dhruv Tank, Dr. R. R.
Deshpande, M/s Dr. R. R. Deshpande And Associates, Advs. for the
Respondents.
The Judgment of the Court was delivered by
M. R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 01.08.2016 passed by the High Court of Judicature of
Bombay at Goa in Writ Petition No. 710 of 2016 by which the High
Court has dismissed the writ petition preferred by the appellant herein in
which the appellant herein challenged the validity of the Errata
Notification dated 14.07.2016 issued by the State of Goa modifying/
correcting its earlier notification dated 23/24.05.2016 by which the State
of Goa fixed the rates of minimum wages in various sectors, the appellant
has preferred the present appeal. `
2. The State of Goa issued a notification dated 23/24.05.2016 in
exercise of the powers conferred by clause (b) of sub-section (1) of
section 3 read with clause (i) of sub-section (1) of Section 4 and subsection (2) of Section 5 of the Minimum Wages Act, 1948 (hereinafter
referred to as the "Act, 1948") determining the minimum rates of wages
payable to the various categories of the employees employed in various
trades in the Scheduled Employment, which included the basic rates of
wages plus special allowance. The revised minimum rates of wages as
per the said notification is as under:-
"a) Basic rates of wages as set out in Columns (3) of the Schedule,
annexed to this notification and payable to the categories of
employees mentioned against them in Column (2) thereof; and
b) Government also hereby introduce payment of special allowance
(hereinafter referred to as variable dearness allowance) in addition
to the revised minimum rates of wages as notified above at the
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rate of Rs. 0.95 paise for every point rise or fall beyond 269 points
of All India Consumer Price Index for Industrial Workers base
year 2001=100. Commissioner, Labour and Employment, Panaji
shall calculate, adjust and notify such special allowance first time
on and from 01-10-2016 based on the average All India Consumer
Price Index for Industrial workers (2001=100) for the period 1st
January to 30th June, 2016. Thereafter, Commissioner, Labour
and Employment, Panaji shall periodically adjust and notify the
rate of special allowance once in every six months on 1st April
and 1st October every year based on the average of All India
Consumer Price Index (2001=100) for the period from July to
December and January to June of the preceding period
respectively."
2.1 That thereafter the State Government issued the impugned
Errata Notification dated 14.07.2016 under which it corrected the earlier
notification dated 23/24.05.2016. The word clause (i) was substituted as
clause (iii). The relevant part of the said Notification reads as under:-
"PUBLISHED IN OFFICIAL GAZETTE- GOVERNMENT OF
GOA, (EXTRAORDINARY N0.3) SERIES I No. 15
DATED 14TH JULY 2016
Department of Labour
Errata
24/21/2009-LAB-ll/472
In the Notifications from the Labour Department published in the
Official Gazette, Series I No. 7 (Extraordinary No. 3) dated 24-52016 regarding revision of minimum rates of wages, the following
may be corrected:-
(1) At page 311, the word "clause (i)" may be read as "clause
(iii)".
xxxxxxxxxxxxxx"
At this stage, it is required to be noted that the Act, 1948 allows
the State Government under Section 4(1) to fix the rates of minimum
wages in three different ways as under:-
GOMANTAK MAZDOOR SANGH v. STATE OF GOA & ANR.
[M. R. SHAH, J.]
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"(i) a basic rate of wages and a special allowance at a rate to
be adjusted, at such intervals and in such manner as the
appropriate Government may direct, to accord as nearly as
practicable with the variation in the cost of living index number
applicable to such workers; or
(ii) a basic rate of wages with or without the cost of living
allowance, and the cash value of the concessions in respect of
supplies of essential commodities at concession rates, where so
authorised; or
(iii) an all-inclusive rate allowing for the basic rate, the cost of
living allowance and the cash value of the concessions, if any."
2.2 The State Government while issuing the notification dated 23/
24.05.2016 chose the first option and fixed the minimum rates of wages
plus special allowance. Now, as per the Errata notification dated
14.07.2016, the State Government fixed the minimum rates of wages as
per Section 4(1)(iii) namely an all-inclusive rate, the result and effect
would be that instead of the basic rate of wages plus special allowance,
as per the Errata Notificationdated 14.07.2016, there shall be no minimum
wages plus special allowance, but as per the Errata Notification, the
minimum wages would be the basic rate of tax - an all-inclusive rate
excluding the special allowance.
2.3 Feeling aggrieved and dissatisfied with the Errata notification
dated 14.07.2016, the appellant herein preferred the writ petition before
the High Court. It was the case on behalf of the State before the High
Court that there was a mistake while issuing the notification dated 23/
24.05.2016 and instead of clause (iii) clause (i) was mentioned and
therefore, by the subsequent Errata Notification, the same has been
corrected. The High Court accepted the same and by the impugned
judgment and order, the High Court has dismissed the said writ petition.
2.4 Feeling aggrieved and dissatisfied with the impugned judgment
and order passed by the High Court dismissing the writ petition, the
original writ petitioner has preferred the present appeal.
3. Shri Mayank Pandey, learned counsel appearing on behalf of
the appellant has vehemently submitted that the High Court has committed
a grave error in holding that there was a mistake while issuing the first
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notification dated 23/24.05.2016 in which by mistake instead of clause
(iii), clause (i) was mentioned.
3.1 It is submitted that as such the notification dated 23/24.05.2016
was issued after following due procedure as required under Section 4
read with Section 5 of the Act, 1948. It is submitted that as such there
was a conscious decision,as after the draft notification was
published,objections were invited and considered and thereafter the
notification was issued determining the minimum rates of wages, which
included the basic rates of wages plus special allowance. In support of
above, learned counsel appearing on behalf of the appellant has heavily
relied upon paras 8 and 9 of the counter filed before this Court. It is
submitted that in that view of the matter and as there was no mistake
either clerical and/or arithmetical, even in exercise of power under Section
10 of the Act, 1948, the same could not have been corrected unless a
fresh procedure as required under Section 4/5 has been followed. Reliance
is placed on Section 21 of the General Clauses Act.
3.2 It is submitted that accordingto the respondent State, there
was a clerical error, which has been corrected vide Errata Notification
dated 14.07.2016. It is submitted that if the original notification dated 23/
24.05.2016 is considered, it can be seen that a conscious decision was
taken while determining the minimum wages and the minimum wages
were fixed as per Section 4(1)(i). It is contended that therefore, once a
conscious decision was taken, it cannot be said that there was any clerical
mistake, which could have been corrected in exercise of the powers
under Section 10 of the Act, 1948.
3.3 Learned counsel appearing on behalf of the appellant has
heavily relied upon the decision of this Court in the case of Master
Construction Co. (P) Ltd. Vs. State of Orissa and Anr., (1966) 3
SCR 99 on what can be said to be an arithmetical and/or clerical error.
Making the above submissions, it is prayed to allow the present
appeal.
4. Shri Abhay Anil Anturkar, learned counsel appearing on behalf
of the respondent State has tried to support the impugned judgment and
order passed by the High Court as well as the Errata Notification dated
14.07.2016.
GOMANTAK MAZDOOR SANGH v. STATE OF GOA & ANR.
[M. R. SHAH, J.]
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4.1 It is submitted that as such when the draft notification was
issued, clause (iii) of Section 4(1) was under consideration. However,
by mistake, thereafter when the notification was issued clause (i) of
Section 4(1) was mentioned and therefore, the same was corrected in
exercise of the powers under Section 10 of the Act, 1948. It is urged
that Section 10 of the Act, 1948 permits the correction of a clerical or
arithmetical mistake in any order fixing or revising the minimum rates of
wages. It is submitted that therefore the High Court has rightly dismissed
the writ petition.
5. We have heard the learned counsel appearing for the respective
parties at length.
6. Vide Notification dated 23/24.05.2016, the State Government
determined the minimum wages, which included the basic rates of wages
and the special allowance. The notification specifically stated that the
said notification has been issued in exercise of powers conferred by
clause (b) of sub-section (1) of section 3 read with clause (i) of subsection (1) of Section 4 and sub-section (2) of Section 5 of the Act,
1948. As can be seen from the contents of the said notification, the said
notification was issued in consultation with the Minimum Wage Advisory
Board and thereafter the minimum wages were revised. Thus, the
minimum wages were revised under clause (i) of sub-section (1) of
Section 4 after following the due procedure as required under Section 5.
Sections 4 and 5, which are relevant for our purpose are extracted
asunder:-
"4. Minimum rate of wages.-(1) Any minimum rate of
wages fixed or revised by the appropriate Government in respect
of scheduled employments under Section 3 may consist of-
(i)
a basic rate of wages and a special allowance at a rate to
be adjusted, at such intervals and in such manner as the
appropriate Government may direct, to accord as nearly as
practicable with the variation in the cost of living index
number applicable to such workers (hereinafter referred to
as the "cost of living allowance"); or
(ii)
a basic rate of wages with or without the cost of living
allowance, and the cash value of the concessions in respect
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of supplies of essential commodities at concession rates,
where so authorised; or
(iii)
an all-inclusive rate allowing for the basic rate, the cost of
living allowance and the cash value of the concessions, if
any.
(2) The cost of living allowance and the cash value of the
concessions in respect of supplies of essential commodities at
concession rates shall be computed by the competent authority at
such intervals and in accordance with such directions as may be
specified or given by the appropriate Government.
5. Procedure for fixing and revising minimum
wages.-(1) In fixing minimum rates of wages in respect of any
scheduled employment for the first time under this Act or in revising
minimum rates of wages so fixed, the appropriate Government
shall either-
(a)
appoint as many committees and sub-committees as it
considers necessary to hold enquiries and advise it in respect
of such fixation or revision, as the case may be, or
(b)
by notification in the Official Gazette, publish its proposals
for the information of persons likely to be affected thereby
and specify a date, not less than two months from the date
of the notification, on which the proposals will be taken into
consideration.
(2) After considering the advice of the committee or
committees appointed under clause (a) of sub-section (1) or, as
the case may be, all representations received by it before the date
specified in the notification under clause (b) of that sub-section,
the appropriate Government shall, by notification in the Official
Gazette, fix, or, as the case may be, revise the minimum rates of
wages in respect of each scheduled employment, and unless such
notification otherwise provides, it shall come into force on the
expiry of three months from the date of its issue:
Provided that where the appropriate Government proposes
to revise the minimum rates of wages by the mode specified in
GOMANTAK MAZDOOR SANGH v. STATE OF GOA & ANR.
[M. R. SHAH, J.]
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clause (b) of sub-section (1), the appropriate Government shall
consult the Advisory Board also."
7. Therefore, 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.
7.1 Even as per Section 10, only the clerical or arithmetical mistakes
in any order fixing or revising minimum rates of wages can be corrected.
Section 10 of the Act, 1948 reads as under:-
"10. Correction of errors.-(1) The appropriate Government
may, at any time, by notification in the Official Gazette, correct
clerical or arithmetical mistakes in any order fixing or revising
minimum rates of wages under this Act, or errors arising therein
from any accidental slip or omission.
(2) Every such notification shall, as soon as may be after it is
issued, be placed before the Advisory Board for information."
7.2 What can be said to be an arithmetical or clerical error has
been dealt with and considered by this Court in the case of Master
Construction Co. (P) Ltd. (supra). It is observed and held that an
arithmetical mistake is a mistake of calculation; a clerical mistake is a
mistake in writing or typing. An error arising out of or occurring from an
accidental slip or omission is an error due to a careless or inadvertent
mistake or omission unintentionally made.
7.3 In the present case, as observed hereinabove, a conscious
decision was taken by the State Government after consultation with the
Minimum Wage Advisory Board and thereafter the minimum wages
were revised and determined in exercise of power under Section 4(1)(i).
Therefore, it cannot be said thattherewas any arithmetical and/or clerical
mistake, which could have been corrected in exercise of powers under
Section 10 of the Act, 1948.
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7.4 At this stage, it is required to be noted that in theErrata
Notification dated 14.07.2016, as such nothing has been mentioned as to
under which provisionof law, the said notification has been issued. Only
from the submission on behalf of the State beforethe High Court, the
State has come out with a case that there was a clerical mistake, which
is corrected by the Errata Notification. Therefore, we presume that the
Errata notification has been issued in exercise of powers under Section
10 of the Act, 1948. As observed hereinabove, as such, there was no
clerical mistake at all and a conscious decision was taken while issuing
the notification dated 23/24.05.2016 and therefore, the same could not
have beencorrected in exercise of powers under Section 10 of the Act,
1948.
8. Even from the counter affidavit filed on behalf of the respondent
before this Court, it is crystal clear that when the earlier notification
dated 23/24.05.2016 was issued, the same was issued after due application
of mind and after the draft notification was issued in which the minimum
wages were sought to be revised as per Section 4(1)(iii). However, after
the objections and suggestions were invited, the LabourUnion submitted
their representations and then a final decision was taken to revise the
minimum wages as per Section 4(1)(i). In paragraphs 8,9 and 10, it is
stated as under:-
"8. That, the Respondent No. 1 in exercise of the powers conferred
by clause(b) of Sub-Section (1) of Section 3, read with clause (iii)
of Sub-Section (1) of Section 4 and Section 5 (1) (b) of the Minimum
Wages Act, 1948, published a Draft Notification in the Official
Gazette, Series I, No. 9, dated 28/05/2015 in Order to consider
objections, suggestions, and representations by the Respondent
No. 1 from all the concerned stakeholders.
9. That, I state that at this stage, the representatives of the Labour
Union objected to the draft Notification by putting forth their views
for introduction of a special allowance in the form of 'Variable
Dearness Allowance' (VDA). That, the deliberations continued
over a long period of time thereby resulting in delay in issuing the
Final Notification for minimum wages.
10. That, I further state that taking into consideration the demand
and need for introduction of special allowances in the form of
GOMANTAK MAZDOOR SANGH v. STATE OF GOA & ANR.
[M. R. SHAH, J.]
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Variable Dearness. Allowance (VOA) and the delay caused in
the deliberations resulting in hike in Consumer Price Index and to
avoid any further delay, the State Government had in the Final
Notification raised the minimum rates of wages proposed in Draft
Notification and also provided for introduction of VOA to be
notified for the first time in October 2016, and the same was to be
revised every six months i.e. in the month of October and April
each year."
8.1 Therefore, considering paragraphs 8 to 10 of the counter, even
according to the State, after the representation of the Labour Union,
which objected to the draft notification by putting forth their views for
introduction of a special allowance in the form of 'Variable Dearness
Allowance' and after due deliberations for a longer period of time, the
final notification was issued determining the minimum wages with special
allowance. Therefore, subsequent case on behalf of the State that under
the notification dated 23/24.05.2016, there was a clerical mistake by
mentioning clause (i), which was corrected by issuing the subsequent
Errata Notification cannot be accepted.
9. Even by applying Section 21 of the General Clauses Act and
assuming that the State was having power to amend, vary or rescind the
notification, in that case also such power can be exercised in a like
manner, namely after following the procedure, which was followed while
issuing the original notification. Therefore, in the present case, assuming
that the State was having the power to amend, vary or rescind the
notification in exercise of powers under Section 21 of the General Clauses
Act, in that case also, when the earlier notification dated 23/24.05.2016
was issued after following the due procedure as required under Sections
4 and 5 of the Act, 1948, the same procedure ought to have been followed
even while varying and/or modifying the notification. Hence, the
notification dated 23/24.05.2016 could not have been modified by such
an Errata Notification which was issued in purported exercise of Section
10 of the Act, 1948.
10. Therefore, we are of the opinion that the Errata Notification
dated 14.07.2016 was wholly without jurisdiction and contrary to the
relevant provisions of the Minimum Wages Act, 1948, which ought to
have been set aside by the High Court. The High Court has erred in
dismissing the writ petition challenging the Errata Notification dated
A
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D
E
F
G
H
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14.07.2016 by accepting the case on behalf of the State that there was
a clerical mistake, which is subsequently corrected by the Errata
Notification.
11. In view of the above and for the reasons stated above, present
appeal succeeds. The impugned judgment and order passed by the High
Court dismissing the writ petition is hereby quashed and set aside. The
subsequent Errata Notification dated 14.07.2016 is hereby quashed and
set aside and the earlier notification dated 23/24.05.2016 revising and
determining the minimum wages, which included the basic rates of wages
plus special allowance is hereby restored.
Present appeal is allowed accordingly. However, in the facts and
circumstances of the case, there shall be no order as to costs.
Bibhuti Bhushan Bose
Appeal allowed.
GOMANTAK MAZDOOR SANGH v. STATE OF GOA & ANR.
[M. R. SHAH, J.]