Entitlement to minimum wages for part-time employees requires evidentiary proof of appointment terms and actual working hours; precedents from other jurisdictions are not automatically applicable without factual similarity and supporting documentation.

ORDER (ORAL)

Learned counsel for the applicant, at the outset, submits that the applicant was engaged by respondent no.3 as a part time water carrier. She was drawing an amount of Rs.500/- per month from respondents. She has approached this Tribunal seeking the following relief:

(i) Direct the respondents to grant the wages to applicant as per Minimum Wages Act, 1948 or any other act applicable, with all consequential benefits including arrears with interest @ 12% per annum from due date.

(ii) To pass such other and further orders which their lordships of this Hon’ble Tribunal deem fit and proper.

2. Learned counsel for the applicant relies upon the judgment of the Hon’ble High Court of Gujarat in the matter of Gujarat Rajya Anshkalin Karmachari Mandal Vs. State of Gujarat & Ors. in Writ Petition No.244 of 2014, highlighting para 2,3,4 and 5, which read as follows:

“ 2. This writ petition in the nature of public interest litigation was filed by the petitioner praying that wages paid to Gujarat State part-time employees as per Government Resolution dated 23.9.1998 has not been revised for the last so many years. Learned counsel for the petitioner has urged that price index has gone high, minimum wages have also gone high but the State Government has not revised minimum wages. The State Government issued a Notification dated 21.2.2014 wherein it was provided that Under Minimum Wages Act, 1948, minimum wages has been revised to Rs. 220/- plus special allowance per day for area A, Rs. 218/- plus special allowance per day for area B and Rs. 216/- plus special allowance per day for area C.

3. This writ petition was filed in August, 2014 praying that in spite of Notification dated 21.2.2014, remuneration for part-time employees Class-V has not been revised and they are being paid their wages as per the Government Resolution dated 23.9.1998. This Court by order dated on 4.9.2014directed for constitution of a five Member Committee and directed the Government to issue Circular in the line of directions contained in paragraph No. 2 of the order. Paragraph No. 2 of the said order is extracted as under:

"2. In our order dated 21st August 2014, in paragraph no.8, the following directions were issued.

1) The State Government shall pay to all its part time workers at the same rate of remuneration prescribed per day for the employment of sweeping and cleaning work under the said notification dated 5.8.2013 along with daily special allowance as payable subject to modification permissible under explanation (2) noted above with effect from 1.8.2014. In other words, for the salaries to be paid to all such workers across the State at the end of month of August 2014, such revised rates will be applied.

2) The Secretary to the Finance Department shall issue necessary circular to all the wings of the Government to implement such directions forthwith.

3) There shall be no change in the duty hours of any of these workers as long as such workers are in Government employment. The State Government shall present affidavit suggesting periodic revisions that may be adopted for remuneration of such persons from time to time after 1998."

4. It appears that since the directions were not complied with, contempt petition No. 2904 of 2014 was filed. Prior to the contempt petition was filed, the State Government has already issued Circular dated 6.9.2014 extending the benefits of minimum wages under the Minimum Wages Act to all part-timers i.e. those who are working for less than 4 hoursper day, they will be paid Rs. 110/- plus special allowance and those who are work