Letter to Minister of Labour & Employment over lack of trade union representation in Notification S.O. 3985(E) | AITUC

Dr Mansukh Mandaviya,
The Minister for Labour and Employment
Government of India,
Shram Shakti Bhawan,
Rafi Marg, New Delhi-110001

Sub: Request to withdraw the Notification S.O. 3985(E) dated 21 July 2026 and reconstitute the Central Advisory Board under Section 42 of the Code on Wages, 2019.

Dr Mansukh Mandaviya ji,

The All India Trade Union Congress (AITUC) places on record its opposition against the notification S.O.3985(E) dated 21st July 2026, issued by the Ministry of Labour and Employment of constitution of the Central Advisory Board under Section 42(1) of the Code on Wages, 2019, without any prejudice to our opposition to the four labour codes. The notification defies representative character and therefore is deficient. It is against the spirit of tripartism and representative democracy.

AITUC, while rejecting the notification calls upon the Ministry of Labour and Employment to immediately withdraw it and reconstitute after due inclusion of representation from all Central Trade Unions.

Section 42(1) of the Code on Wages specifically provides that the Central Advisory Board shall consist of persons representing employers and an equal number of persons representing employees, along with independent persons and representatives of State Governments. The Central Advisory Board Rules, 2021 further provide for twelve representatives each of employers and employees.

Despite the rules providing for adequate representation, the reconstituted committee is non inclusive. This is a matter of serious concern that major Central Trade Unions representing substantial sections of India’s working class have been left out of the employee representation in the newly constituted Board. The non-inclusion of several central trade unions in the committee is a clear indication of the biased and selective approach followed in the constitution of the committee. The criteria for inclusion or exclusion in the committee is politically motivated to weaken the representation of the working class and the intention is malafide.

The statutory requirement of representation of employees cannot be reduced to a mere formal exercise of nomination by the Government. The employee representatives must genuinely reflect the representative character, organisational reach and actual presence of the Central Trade Union movement.
AITUC, one of the oldest and major Central Trade Union organisations in the country, representing workers across sectors and regions, cannot be legitimately excluded from such a statutory tripartite body dealing with minimum wages and other matters under the Code on Wages.

AITUC takes a very strong objection for being deliberately excluded. Tripartism cannot be selective. A Board cannot claim to represent the interests of employees when major and representative Central Trade Unions are excluded from the employee side.

The issue is particularly serious because the Central Advisory Board is entrusted under Section 42(3) with advising the Central Government on fixation and revision of minimum wages, besides other connected matters. Decisions and recommendations concerning wages directly affect millions of workers, particularly those in low-paid and vulnerable employment.

The present notification therefore requires immediate review and correction to ensure that the employee representatives genuinely reflect the diversity and representative character of the country’s trade union movement. AITUC demands reconstitution after transparent process of consultation.

We demand due and adequate representation to AITUC and other major Central Trade Unions in the employee category prescribed under Section 42(1)(b) of the Code on Wages, 2019.

We insist that the Central Advisory Board functions as a genuine tripartite institution rather than as a body whose composition is determined unilaterally by the Government.

The present composition seriously undermines the principle of tripartism and the credibility of the Central Advisory Board.

AITUC urges upon the MoLE to withdraw the notification forthwith and reconstitute it.

Thanking you,
Yours sincerely,

(Amarjeet Kaur)
General Secretary, AITUC