The State Government is obligated to revise the wages payable to prisoners on work in accordance with the Minimum Wages Act, 1948 and the Rajasthan Prison Rules, 1951.

JUDGMENT

Sangeet Lodha, J. - The application dated 8.12.18 made by the prisoner Indrajeet Singh lodged in Central Jail, Jodhpur, received by post, raising the issue of non revision of the wages payable to the prisoners employed on work in prison, was registered as Writ Petition (PIL) by this Court and notices were issued to the State of Rajasthan.

2. Precisely, the grievance raised in the petition is that the wages payable to the prisoners sentenced to Rigorous Imprisonment or such other classes of prisoners who volunteer to labour were last revised vide order dated 17.3.15. Thereafter, though the wages payable to the unskilled, skilled and highly skilled employees have been revised by the State Government from time to time vide notifications dated 17.12.15, 5.7.16 and 16.1.18 issued under the Minimum Wages Act, 1948 (for short "the Act of 1948"), the wages payable to the prisoners have not been revised and they are being paid wages at the rate specified vide notification dated 17.3.15.

3. A reply to the writ petition has been filed on behalf of the State taking the stand that the notification dated 17.12.15, 5.7.16 and 16.1.18 issued by the Department of Labour, Government of Rajasthan, revising the minimum wages payable to the employees is not applicable to the prisoners employed on various works in prison. It is submitted that the categories of employees to whom the said notification apply have been specifically mentioned in the notifications issued, which does not cover the prisoners employed on work in prison. It is submitted that the prisoners are entitled for the wages in accordance with the notification dated 17.3.15, which are being paid to them.

4. Mr. R.S. Saluja, Amicus Curiae submitted that the wages payable to the unskilled, skilled and highly skilled employees have been revised by the State Government from time to time upto the year 2020. Learned counsel submitted that after issuance of the notification dated 16.1.18, the wages were revised vide notification dated 12.6.18 and thereafter, vide notification dated 19.8.20. Learned counsel submitted that of course, it is permissible to deduct the amount towards the food etc. from the wages payable to the prisoners as also towards the payment of compensation to the victim but there is no reason as to why the wages payable to the prisoners should not be fixed at par with the employees governed by the notifications issued under the Act of 1948. Learned counsel submitted that the action of the respondents in not revising the wages payable to the prisoners from time to time is ex facie violative of the provisions of Article 14, 21 & 23 of the Constitution of India. Relying upon the decision of the Supreme Court in the matter of State of Gujarat & Anr. vs. Hon ble High Court of Gujarat, (1998) AIR SC 3164 , learned counsel submitted that non payment of the equitable wages to the prisoners is apparently in defiance of the directions issued by the Supreme Court. Learned counsel submitted that the State Government is under an obligation to revise the wages from time to time and thus, payment of wages to the prisoners at the rate fixed in the year 2015 is absolutely unjustified.

5. On the other hand, learned AAG submitted that the minimum wages fixed by the State Government for the employees for different scheduled employment are not applicable to the prisoners. It is submitted that pursuant to the directions issued by the Supreme Court in High Court of Gujarat's case (supra), the wages payable to the prisoner were revised by the State Government from time to time, lastly, vide notification dated 17.3.15. Learned AAG would submit that the prisoners cannot claim revision of the wages as a matter of right.

6. We have considered the rival submissions and perused the material on record.

7. It is noticed that vide notification dated 17.3.15 issued in supersession of the notification dated 8.9.11, the wages payable to the prisoners on work in the category of skilled and unskilled we