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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J. Munir, J
Gobinddas and another – Appellant
Versus
State of U.P. and others – Respondent
| Table of Content |
|---|
| 1. petitioners claim minimum wages. (Para 1 , 2 , 3 , 4) |
| 2. lack of response from authorities. (Para 5 , 6 , 7) |
| 3. court's inspection leads to factual dispute. (Para 8 , 9 , 12 , 13) |
| 4. minimum wages apply regardless of employment status. (Para 15 , 22) |
| 5. court mandates wage compliance under the act. (Para 25 , 26) |
JUDGMENT :
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.
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 Ma
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.
Temporary employees performing scheduled employment are entitled to minimum wages under the Minimum Wages Act, regardless of employer claims about their part-time status.
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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