Bhawani Singh, J.—These criminal writ petitions, being common in nature, scope and effect, are being decided by a common judgment and the learned Counsel for the parties also agree that they should be so decided.

2. The petitioners, in both these petitions, are undergoing imprisonment in the jails of the State. They submitted the petitions to this Court which were placed on Judicial side for examination and decision by Chief Justice P. D Desai, (as he then was). In Criminal Writ Petition 6 of 1985 Gurdev Singh and 6 others v. State of H. P. and 2 others, the petitioners complain that they are employed for work but are being paid Rs. I.SO per day for the labour. They also say that no wages are paid for the first three months of labour. In Criminal Writ Petition No 49 of 1985, Bhag Singh Chauhanv. State of H. P and others, in addition to the allegation of the improper management of wage amounts by the Superintendent of Jail and the Store Keeper, they also say that they are forced to work with contractors either at less wages or no wages at all The allegation as to the mis-utilization of wage amounts were inquired into by the District and Sessions Judge, Shimla on the directions by this Court. However, the report discloses that the allegation of Bhag Singh, convict regarding the mis-utilization of the wage amounts against the jail officials has no substance. We have, therefore, no material before us to arrive at a conclusion favourable to the petitioner and against the jail officials. However, there is something to be said on the engagement, rate of wages, their receipt and management by the jail authorities, which aspect, we will turn to, at an appropriate place in the succeeding part of this judgment.

3. In his reply, the Inspector General of Prisons stated that the payment of wages to prisoners for rendering services in the jail factory/garden/kitchen etc. is regulated by the provisions of the Wage Earning Scheme applicable in respect of Model Central Jail, Nahan and District Jail, Dharamshala. Prisoners are paid wages & Rs 3 (skilled), Rs 2.25 (semi-skilled) and Rs 1.50 (un-sktlled) for full task. The wages are paid to the workers of various categories in the following manner: "(a) A worker who performs the prescribed task of standard quality is entitled to the payment of wages prescribed for the trade or work in which he is employed. (b) A worker who performs task of standard quality in excess of the prescribed task is entitled to payment of additional wages in proportion to the additional work at the rate prescribed i. e. Rs. 3, Rs. 2/25 and Rs. 1/50 respectively for skilled, semi-skilled and unskilled labour. (c) No prisoner who does not accomplish the prescribed task of the standard quality is entitled to any payment of wages provided that 50 per cent of the wagss prescribed in Rs. 3, Rs 2/25 and Rs. 1/50 respectively for skilled, semi-skilled and unskilled work, are payable in the following cases: (1) to convicted criminal prisoners in skilled trades for duration of the period of training in excess of three months provided the prisoners accomplished a task of the standard quality exceeding 53 percent. (2) Under trials and simple imprisonment prisoners after three months of admission to the wage earning Scheme/system provided they accomplish the task of the standard quality exceeding 50 percent. (3) The unskilled workers recommended hard, medium and light work by the Medical Officer concerned get wages & Rs. 1/50, Rs. 1/25 and Re. 1 respectively per day. For the purpose of payment of wages prison labour is classified into three categories as defined below : — (I) "Skilled workers those employed on work which involve either physical or mental or both kinds of skill in its execution and which cannot be accomplished by ordinary labour with proficiency without sufficient skill. (II) "Semi-skilled Worker" means workers engaged on a task which cannot be performed by untrained hands but which can be executed with some trai