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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble J.J. Munir,J.
Lavkush Tiwari – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. introduction of the case and background of village policemen. (Para 1 , 2 , 3) |
| 2. petitioners' claim for minimum wages based on historical context and legal provisions. (Para 6 , 8 , 9 , 10 , 11) |
| 3. arguments regarding the legal status and duties of village policemen. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. discussion on minimum wage rights and relevant supreme court decisions. (Para 20 , 21 , 22) |
| 5. state's position on the employment status of village policemen. (Para 24 , 25) |
| 6. court's analysis of village policemen's duties and comparison with modern policing. (Para 28 , 29 , 30) |
| 7. discussion on the relevance of village policemen's duties in contemporary society. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 8. court's consideration of the nature of employment and duties of village policemen. (Para 38 , 39 , 40) |
| 9. final observations on the role and remuneration of village policemen. (Para 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56) |
| 10. conclusion of the judgment regarding the petitioners' claims. (Para 58) |
JUDGMENT :
J.J. Munir, J.
1. This judgment will decide the present writ petition and connected Writ-A No.5771 of 2023. Since both
Village Policemen, while performing vital roles, are not entitled to minimum wages equivalent to regular police due to their auxiliary and intermittent nature of employment.
Disparities in pay scales between village guards and police personnel are justified due to differences in job responsibilities, recruitment methods, and lack of evidence for equivalence, confirming t....
The judgment emphasizes the principle of 'equal pay for equal work' and provides a comprehensive analysis of the legal framework and parameters for its application, as established in various legal pr....
Temporary employees performing scheduled employment are entitled to minimum wages under the Minimum Wages Act, regardless of employer claims about their part-time status.
Workers, even if on a part-time basis, are entitled to minimum wages under the Minimum Wages Act, 1948, prioritizing statutory provisions over executive orders.
Even if persons are holding same rank/ designation and having similar powers, duties and responsibilities they can be placed in different scales of pay and cannot claim the benefit of the principle o....
Part-time workers appointed by Gram Panchayats for government department schemes, funded by state grants with prior approval, entitled to conversion to daily wage after eight years continuous service....
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