A person is providing labour or service to another for remuneration which is less than the minimum w...........

Economic Affairs Employment related Issues

A person is providing labour or service to another for remuneration, which is less than the minimum wage. Which of the following is true in this context?

The case is a violation of Minimum Wages Act only

If the person is working willingly then it is not a violation of any law or right

It amounts to violation of Minimum Wages Act as well as Fundamental Right under Article 23

The given case is a case of violation of Article 16 i.e. discrimination in matters of employment

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Explanation:

The Supreme Court held in 1983 that “where a person provides labour or service to another for remuneration which is less than the minimum wage, the labour or service provided by him clearly falls within the meaning of the words ‘forced labour' and attracts the condemnation of Article 23… if anything less than the minimum wage is paid to him, he can complain of violation of his fundamental right under Article 23 and ask the Court to direct payment of the minimum wage to him so that the breach of Article 23 may be abated.”