The rate of wages of a migrant workman in an establishment where he is required to work which is neither same nor of similar kind as is being performed by any other workman in that establishment shall not be less than the rate of wages paid by the principal employer to a workman in the lowest category of workman directly employed by him in that establishment or the minimum rates of wages notified by the State Government under the Minimum Wages Act, 1948, for the same or similar type of work performed by workmen in any scheduled employment in the area in which the establishment is located, Or the rates of wages payable to the workmen for performing same or similar kind of work in that establishment in the State in which the establishment is located, whichever is higher :
Provided that if there is any dispute in this regard or with regard to applicability of wage rates to a migrant workman under subclause (b) of sub-section (1) of section 13, the same shall be decided by the Commissioner of Labour, Jharkhand whose decision shall be final.