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1998 Supreme(Online)(SC) 189

SUPREME COURT
K. T. Thomas, D.P. Wadhwa, JJ
State of Gujarat and Another v. Hon'ble High Court of Gujarat


Advocates:
For the Appellants/Petitioners: Shri Rajeev Dhawan, Shri Kapil Sibal, Shri Soli J. Sorabji
For the Respondents: None

1 While concluding his opinion my learned brother K. T. Thomas, J. has made certain directions to the respective Governments to which conclusion my learned brother D.P. Wadhwa, J. in his separate opinion has accorded assent. I too would accord approval to those directions and order disposal of these appeals and writ petitions.

2 Thomas, J. --
A delicate issue requiring very circumspective approach is mooted before us. Whether prisoners, who are required to do labour as part of their punishment, should necessarily be paid wages for such work at the rates prescribed under Minimum Wages law. We have before us appeals filed by some State Government challenging the judgments rendered by the respective High Courts which in principle upheld the contention that denial of wages at such rates would fringe on infringement of the constitutional protection against exaction of forced labour.

3 Shri Rajeev Dhawan, senior counsel put before us the view points of National Human Rights Commission (NHRC) which favours the principle that prisoners should be paid wages at the rates prescribed under the Minimum Wages law. On the request of this Court Shri Kapil Sibal, senior counsel addressed arguments as















































































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