Research › Search › Judgment

Gauhati High Court · body

2000 DIGILAW 72 (GAU)

Jalini Brahma v. State of Assam

2000-02-22

P.G.AGARWAL

body2000
Heard Shri AS Choudhury, learned counsel for the petitioner, Mr. D. Sur learned counsel for the Union of India and Sri T. Chutia, learned Govt Advocate for the State of Assam. 2. The 54 Nos of petitioners before this Court were appointed as Female Attendants in the various Primary Health Centre, for short PHC from the year 1979 to 1994. Although the appointments were by the State of Assam but they were appointed under the Centrally Sponsored Scheme under which the petitioners were paid remuneration @ Rs.50 per month. The writ petitioners are continuing to servant at the fabulous salary of Rs. 50 per month to get their soul and body intact. From time to time the petitioners made applications, representations before the State Govt as well as the Central Govt but both the Govts remain oblivious of their problem and the petitioners are continuing to serve and suffer. Petitioners have now approaching this Court under Article 226 of the Constitution of India praying for two reliefs: (1) they may be paid minimum wages/minimum scale provided to Govt employees serving in similar post; (2) for regularisation of their services. In spite of sufficient opportunity given, neither the Union of India nor the State Govt has filed any affidavit-in-opposition. 3. Learned counsel for the petitioner has submitted that the provisions of the Minimum Wages Act is applicable in the State of Assam and neither the State Govt nor the Central Govt are exempted from the purview of the said Act. Moreover, the State being a model employer is expected to provide minimum wages to its employees. In the instant case instead of giving solace to them these poor Female Attendants are exploited in the name of employment by paying a sum of Rs 50/-only per month for the last 15 years. Learned counsel has also relied on a decision of the Apex Court in the case of Daily Rated Casual Labour Employees under the P & T Deptt vs. Union of India, AIR 1987 SC 2343 and in the case of Dharwad District PWD Literate Daily Wages Employees Association vs. State of Karnataka, AIR 1990 SC 883 . Learned counsel has also relied on a decision of the Apex Court in the case of Daily Rated Casual Labour Employees under the P & T Deptt vs. Union of India, AIR 1987 SC 2343 and in the case of Dharwad District PWD Literate Daily Wages Employees Association vs. State of Karnataka, AIR 1990 SC 883 . The Supreme Court in that case observed : “That the State cannot deny at least the minimum pay in the pay scale of regularly employed workman even though the Govt may not be compelled to extend all the benefits enjoyed by regularly recruited employees.” Supreme Court further pointed out that: “Such denial amounts to exploitation of labour. The Govt cannot take advantage of its dominant position and compel any worker to work even as a casual labourer on starvation wages. It may be that the casual labourer has agreed to work on such low wages. That he has done because he has ho other choice. It is poverty that has driven him to that stage. The Govt should be a model employer.” 4. Following the above decision, this Court in the case of Smt Nandeswari Bora vs. State of Assam & others (Civil Rule No. 3847 of 1993) disposed of on 18.7.94 granting necessary relief. 5. Learned counsel for the respondents have not been able to show anything whereby the petitioners can be deprived of their minimum wages. It is submitted that the ROP Rules of 1990 provided a pay scale of Rs. 900-1,435 for the post of Female Attendants. Accordingly, I direct all the 7 respondents to pay the petitioners the minimum wages of Rs 900 per months from the month of July, 1999 or from the date of their employment, whichever is later. The current salary at the above rate shall be paid forthwith and the arrear shall be released within a period of six months from today. So far the relief of regularisation, as sought for, is concerned, the matter is left to the State Govt. to consider the same.