PIL Moved In Allahabad High Court Challenging UP Govt's Order Revising Wages Of Prisoners

Recently, a Public Interest Litigation (PIL) plea has been moved before the Allahabad High Court challenging the Uttar Pradesh Government's August 2023 order revising the wages of prisoners.

The Government order was issued in August this year following serious concerns raised by a bench comprising of then Chief Justice Pritinker Diwaker and Justice Saumitra Dayal Singh regarding the behaviour of state authorities in not revising the wages of prisoners.

In its order, the Government had revised the wages of skilled, semi-skilled and unskilled convicts from Rs. 40, 30 and 25 to Rs. 81, 60 and 50 respectively.

The plea challenging the GO has been moved by Advocates Aushim Luthra and Atharava Dixit who were appointed as amicus curiae by the court in the wage revision case, on the grounds that the minimum wages fixed for prisoners is less than the minimum wage applicable in the State.

In their plea, reliance was placed on UP Payment of Remuneration of Prisoners and Compensation to Victims Rules, 2005, as per which 15% of the amount was being deducted from the remuneration earned by the prisoners and deposited in bank accounts for disbursement to victims. However, it has been alleged that the amount is neither being disbursed to the victims nor being returned to the prisoners. In the amendment application, it has been stated that more than 100 crores is lying in the bank accounts opened under the 2005 Rules.

The plea also refers to the Supreme Court directives in the case of State of Gujarat v. Hon’ble High Court of Gujarat (1998) wherein it was held that prisoners were outside the purview of the Minimum Wages Act as there was no employer-employee relationship between them and the State.

In the plea, it has been contended that with changing times, the State has started to benefit from the products being made within the prisons. Such products are being sold in the open market and the State is benefitting from the proceeds of such sales. Accordingly, in such cases, the employee-employer relationship is established.

The petitioners have also stated that a petition (Bandi Adhikar Andolan Bihar v. Union of India & Ors) on the same issue is pending before the Supreme Court.

It has been stated that over time, different States have come up with different policies and revisions of wages. However, the same cannot be to the detriment of the prisoners.

Accordingly, it has been prayed that the government order revising the wages of prisoners be quashed and the State be directed to revise wages per the Minimum Wages Act.