Temporary employees performing scheduled employment are entitled to minimum wages under the Minimum Wages Act, regardless of employer claims about their part-time status.

JUDGMENT :

J.J. MUNIR, J.

1. The two petitioners here are Safaikarmi/Sweepers, who say that they are holding the post of a Safaikarmi on a temporary basis in the establishment of the Uttar Pradesh Police at Lalitpur. The first petitioner, Gobinddas, claims to be working as a temporary hand with Police Station Madanpur, District Lalitpur, whereas the second petitioner, Kaushla, says that he is similarly working with Police Station Barrar Narahat, District Lalitpur. Both the petitioners say that they are working as Safaikarmi with their respective police stations on a temporary basis. They receive for their services an honorarium of Rs.1200/- per month from the State Government.

2. The petitioners claim that they are employed as temporary hands since July, 2022, but no appointment letters have been issued in their favour by the respondents. It is added, however, that the Station House Officers of the two police stations have issued a certificate in favour of the two petitioners, acknowledging their respective services. It is also the petitioners' case that they are regularly working at Police Stations Madanpur and Barrar Narahat, performing their duties in two shifts, viz. 7.00 a.m. to 1.00 p.m. and 4.00 p.m. to 7.00 p.m. They say that there has been no complaint against them. The officers, under whom the petitioners served, were satisfied with their performance.

3. The grievance of the petitioners is that they are compensated for their services by an honorarium of a mere Rs.1200/- per month, which is less than what is paid to a casual hand employed under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) by the Government. It is pleaded that under the MGNREGA, a worker was paid a wage of Rs.261/- per day in the year 2023-24, which has been raised to a sum of Rs.289/- per day in the year 2024-25. The petitioners are working as temporary employees, Safaikarmi / Sweeper, in the police establishment and are entitled to the minimum wages, provided under the Minimum Wages, 1948 (for short 'the Act of 1948'), instead of the illusory sum of Rs.1200/- per month.

4. It is pleaded that the petitioners, who are engaged by the U.P. Police Establishment, perform the same functions and duties as the other Safaikarmi / Sweeper, in the service of the U.P. Government and the Central Government. It is pleaded that even in cases, where Sweepers are engaged on an honorarium or daily-wages, they are paid a much higher remuneration, approximating to the minimum wages prescribed under the last mentioned statute. Finding themselves unfairly treated, the petitioners, along with other employees, also Safaikarmi, moved an application dated 09.01.2023 before the Superintendent of Police, Lalitpur, demanding an increase in their honorarium. They say that no action has been taken upon the said application, a copy whereof is on record.

5. It is also the petitioners' case that the Superintendent of Police kept the application dated 09.01.2023 pending with him and extended oral assurance to the effect that he would convey the petitioners' grievance to the Government, but nothing has been done. He has neither enhanced the honorarium paid to the petitioners nor decided the application dated 09.01.2023. The petitioners made another application dated 10.05.2023 to the same effect before the Superintendent of Police, Lalitpur. It is also the petitioners' case that finding little success before the Superintendent of Police, they approached the District Magistrate, Lalitpur, the Hon'ble Member of the Legislative Assembly, representing the Constituency, and also the Chief Minister. The various applicat