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K.T.THOMAS, D.P.WADHWA, M.M.PUNCHHI
State of Gujarat – Appellant
Versus
Hon’ble High Court of Gujarat – Respondent


Order

M.M. Punchhi, CJI. - While concluding his opinion my learned brother K.T. Thomas, J. has made certain directions to the respective governments to which conclu­sion my learned brother D.P. Wadhwa, J. in his separate opinion has accorded assent. I too would accord approval to those directions and order disposal of these appeals and writ petitions.

Judgment

Thomas, J. - A delicate Issue requiring very circumspective approach is mooted before us: Whether prisoners, who are required to do labour as part of their punishment, should necessarily be paid wages for such work at the rates prescribed under Minimum Wages law. We have before us appeals filed by some State Governments challenging the judgments rendered by the respective High Courts which in principle upheld the con­tention that denial of wages at such rate would fringe on infringe­ment of the cons­titutional protection against execution of forced labour.

2. Shri Rajeev Dhawan, senior counsel put before us the view points of National Human Rights Commission (NHRC) which favours the principle that prisoners should be paid wages at the rates prescribed under the Minimum Wages law. On the request of this Court Shri Kapil Sibal,

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