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Synopsis

The Allahabad High Court recently directed the Uttar Pradesh State Government authorities to pay current wages equivalent to the minimum pay scale admissible to Class IV employees to a 'Choukidar' who had been receiving Rs 150/month salary since 1998. 

The bench of Justice Irshad Ali noted that the nature of the employment of the Choukidar was to maintain security in the school and the nature of work involved regularity, responsibility and same, if not more working hours as regular employees.

"In case the State Government forces labour at such ridiculously low rate, on which no humane being can maintain himself or even exist, the exaction of work cannot be treated other than a exploitation of humane labour, violating basic human rights and right to work with dignity violating Article 21 of the Constitution of India," said the single judge bench. 

Court underscored that "employment under the State Government for a sum of Rs.150 per month amounts to forced labour which is not permissible in law".

The order was passed in a writ petition moved by one Amar Singh who had been appointed by the office of UP Vidhyalaya Nirikshak Barabanki in 1992 on the post of Choukidar. Initially, he got 30 per month, which was increased to Rs 150 per month in 1998. 

He moved the high court praying for issuance of a writ in the nature of Mandamus commanding the state authorities to pay him the regular pay scale of Class IV employee along with regularisation of his services on the post of Choukidar and to release all the consequential benefits to that post.

The petitioner submitted that he was working in school hours daily from 10 am to 4 pm like other employees since 1992 and he was entitled to regular pay scale admissible to Class IV employees after 3 years i.e. 1996.

His counsel argued that non-payment of minimum pay scale of a regular class IV post to the petitioner was illegal, arbitrary, discriminatory and unconstitutional.

The counsel for the petitioner further informed the court that the work and conduct of the petitioner had always been found satisfactory.

Opposing the writ petition, the Standing Counsel for the state authorities submitted that the petitioner was on the basis of monthly allowance and not as a class IV employee. He informed the court that the petitioner was a part-time Choukidar on a fixed allowance.

The single judge bench opined that perusal of the orders passed by the court in this regard, it was crystal clear that while considering a similar issue, the court had given direction that the respondents shall pay current wages equivalent to the minimum of pay scale admissible to Class IV amount with further direction to consider the regularization by the respondents.

Therefore, considering in totalities of facts and circumstances of the case court disposed of the present writ petition with a direction to the respondents to pay current wages equivalent to the minimum of pay scale admissible to Class IV employees within a period of six weeks from the date of production of a certified copy of court's order. 

"It is however provided that the candidature of the petitioner shall also be considered for regularization by the respondents within the aforesaid period," court added. 

Case Title: Amar Singh v. State Of U.P.Through Prin Secy Education And 3 Ors