A person working on honorarium is not an employee and is only rendering service for which payment is made as a token of gratitude.

Kanwaljit Singh Ahluwalia, J.

1. Petitioner Smt. Devinder Kaur was appointed as Balsewika to run a Creche by the Child Welfare Council working under the Indian Red Cross, Society, Bathinda in the pay scale of Rs.950-25-1200- 30-1560-40-1800/- alongwith permissible allowances on 19.9.1994. Initially, salary of the petitioner was fixed at Rs.2,824/- p.m. The order of appointment has been annexed as Annexure P1. On 18.1.1994, she was terminated from service on the ground that her services were no longer required as the Child Welfare Council, Punjab (hereinafter to be referred as, the Council) had decided to close the Creche. Petitioner made a reference under the Industrial Disputes Act, 1947 . The termination of the petitioner was upheld by the Labour Court. An award to this effect was pronounced on 18.12.1997. However, the petitioner was held entitled to compensation to the tune of Rs.22,592/- with interest @ 12% per annum from the date of termination. Later, the Council made certain efforts to adjust the petitioner vide office order dated 30.12.1996, Annexure P2. In this order, it was specifically stated that under the schematic pattern of Indian Council of Child Welfare, New Delhi and adopted by the Council, the petitioner may work as a Balsewika at Rs.525/- p.m. payable as honorarium. However, on 22.2.1999 vide Annexure P3, due to closure of this Creche of the Council, also the honorary services rendered by the petitioner as Balsewika (Senior Helper) were dispensed with. The concluding portion of the office order, Annexure P3, reads as under:-

"A cheque for Rs.525-00 equal to her one months salary (honorarium) in lieu of notice period is attached."

The above-said order, Annexure P3, passed by the President, Red Cross Society, Bathinda is under challenge in the present writ petition.

2 In the reply filed, a preliminary objection has been raised that District Child Welfare Council is not amenable to writ jurisdiction and cannot be termed as State under Article 12 of the Constitution of India. It is admitted that services of the petitioner were dispensed with and one month honorarium was paid in advance as there was financial crunch in the Council which led to closure of the Creche.

3. The present writ petition raises the following two questions for consideration of this Court:-

(a) Whether a person who is engaged on honorarium can be termed as an employee and assail his/her removal?

(b) Whether the procedure adopted by the respondents in dispensing with the services of the petitioner is just and appropriate or not?

4. "Honorarium" according to Oxford Advanced Learners Dictionary means payment made for professional services. Merriam- Websters Collegiate Dictionary defines honorarium - a payment for a service. Collins English Dictionary for Advanced Learners describes honorarium as a fee that someone receives for doing something which is not a normal part of their job. From the ordinary dictionary meaning, it is apparent that honorarium is not paid for a regular job but is a token, paid as gratitude for rendering some service. Therefore, in strict words, there is no relationship of employer and employee. It does not involve any salary.

5. In Rajendra Singh v. District Inspector of Schools Fatehpar,1 2001(3) S.C.T. 12, a part time teacher was equated with an honorary teacher. Therefore, at best honorary worker can be considered as a part time worker. Honble Apex Court in State of U.P. v. Neeraj Awasthi and others, 2 (2006)1 S.C.C. 667: (2002-1)130 PLR 502 has held that part time employees are not covered within the fold of definition of Employee.

6. Counsel for the petitioner has relied on State of Haryana Through Director Women and Child Development Department, Haryana, Chandigarh v. Smt.Kanta Devi, 3 (2002-1)130 PLR 502 to contend that where a person working on honorarium due to misconduct is terminated, an enquiry ought to be conducted and principles of natural justice should be followed. To the similar effect is a judg