Part-Time Sweepers Engaged By Police Department Entitled To Statutory Minimum Wages: Allahabad High Court
The High Court held that a Government Order cannot override statutory minimum wages fixed under the Minimum Wages Act, 1948, and directed the release of lawful dues to part-time sweepers engaged in police establishments.
Justice JJ Munir, Allahabad High Court
The Allahabad High Court has held that part-time sweepers engaged by the Police Department are entitled to receive wages strictly as prescribed under the Minimum Wages Act, 1948, and not under an executive Government Order.
The High Court emphasised that an executive direction cannot diminish statutory entitlements and must yield to a notification issued under legislative authority.
The Court was hearing a petition filed by part-time sweepers employed in various police stations and chowkis seeking payment of wages at the statutory minimum wage rate applicable to scheduled employment.
A Single-Judge Bench comprising Justice J.J. Munir, while examining the nature of employment and the applicable wage framework, observed that the Minimum Wages Act is a welfare legislation and its protections cannot be defeated by administrative orders prescribing lower pay scales.
The Court, while making these observations, remarked: “Accepting the respondents' case that the petitioners are part-timers, they are clearly entitled to receive minimum wages, fixed and revised from time to time under the Act of 1948, and not in accordance with the Government Order dated 09.03.2019. The Government Order dated 09.03.2019 is an executive order of the Government, revising wages for part-time sweepers, employed in police stations, chowkis, from Rs 600/- per month to Rs 1200/-. It has to give way to the minimum wages fixed by a notification issued by the State Government under the Act of 1948, in case of a scheduled employment. The rates fixed by the notification under the Act of 1948 are statutory in character and would, therefore, prevail over the Government Order dated 09.03.2019, a purely executive order”.
Background
The petitioners were engaged as part-time sweepers to maintain cleanliness in police stations and outposts. Their wages were being paid in accordance with a Government Order dated 09.03.2019, which fixed remuneration at ₹600 per month, later revised to ₹1200 per month.
The petitioners challenged this arrangement, arguing that sweeping falls under scheduled employment in terms of the Minimum Wages Act, 1948, and therefore the statutory minimum wages notified by the State were applicable.
The respondents submitted that since the petitioners were “part-timers,” they were entitled only to the remuneration prescribed by the Government Order and not to minimum wages under the statute.
Court’s Observation
The Allahabad High Court, upon examining the relevant records, affirmed that even on the respondents’ case, the petitioners were part-time sweepers, and sweeping is undeniably a scheduled employment under the Minimum Wages Act, 1948.
Therefore, the Court held that the minimum wages notified by the State Government must apply irrespective of the number of working hours or the nature of engagement.
Rejecting the defence based on the Government Order of 09.03.2019, the Bench held that it is merely an executive instruction lacking statutory force. In contrast, minimum wages notified under the Act are statutory in character and hence enforceable irrespective of administrative prescriptions.
The Court reiterated that an executive action cannot be permitted to whittle down rights conferred by legislation, particularly one enacted to protect vulnerable employees.
The Bench underscored that welfare legislation must receive a beneficent interpretation, and any ambiguity must be resolved in favour of labour. The Court reaffirmed that the right to minimum wages is integral to ensuring basic human dignity and exploitation-free employment conditions.
Conclusion
Allowing the writ petition, the High Court held that the petitioners are entitled to receive statutory minimum wages as revised periodically under the Minimum Wages Act, 1948, instead of the lower remuneration prescribed by the Government Order dated 09.03.2019.
The respondents were directed to pay minimum wages to the petitioners for the period of their engagement and to compute arrears accordingly.
The plea was allowed with these directions.
Cause Title: Gobinddas & Anr v. State of Uttar Pradesh & Others (Neutral Citation: 2024:AHC:204375)
Appearances
Petitioners: Advocates Anand Kumar Pandey, Kamini Pandey (Dubey)
Respondents: C.S.C
