Chandigarh, May 3 (KNN) The Supreme Court has held that the categorization of unskilled employees as semi-skilled and semi-skilled as skilled on the basis of their experience in the notification issued for fixing/revising the minimum rates of wages is beyond the jurisdiction of the government.

In the notification issued under Section 5 of the Minimum Wages Act, the labour department of Haryana provides for following categorization: unskilled employees having five years’ experience would be deemed categorized as semi-skilled "A"; that after three years of experience in semi-skilled "A", the employees would be deemed categorized as semi-skilled "B"; that after three years of experience in skilled "A", the employees would be deemed categorized as skilled "B".

Though it upheld minimum wages fixed for trainees who are appointed for reward, the bench observed that the trainees who are not paid wages cannot be included in the notification.

It also held that no power vested in the Government under the Act to decide the period of training and any stipulation with regard to the training period is ultra vires.

The prohibition of segregation of wages into components in the form of allowances in the Notification is impermissible; the security inspector/ security officer/ security supervisor cannot be included in the notification; trainees who are employed without payment of any reward cannot be covered by the Notification, the bench summarized.