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HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR
Gobinddas – Appellant
Versus
State of U.P. – Respondent
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
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.
The right to minimum wages under the Minimum Wages Act is fundamental for dignity, and full-time workers cannot be denied this right based on part-time classification.
Point of law: Doctrine of equal pay for equal work, as adumbrated under Article 39(d) of the Constitution of India read with Article 14 thereof, cannot be applied in a vacuum. The constitutional sche....
Temporary employees performing the same duties as regular employees are entitled to minimum wages as per the equal pay principle, asserting their right to equitable treatment.
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