Job Ads Not Complying With Minimum Wages Act Shouldn't Be Carried On 'Rozgar Baazar' Portal: High Court To Delhi Govt

The Delhi High Court has directed the Delhi Government to not publish any job advertisement in its “Rozgar Bazaar portal” which is non-compliant with the Minimum Wages Act, 1948.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula took note of Delhi Government’s submission that steps are being taken to update the software portal so that not a single advertisement reflecting wages below the prescribed minimum wages would be uploaded.

The court therefore disposed of a PIL seeking direction on the Delhi Government to “immediately stop” allowing any individual, company, organization or establishment from advertising job vacancy with salaries below the fixed minimum wage on its official portal.

A direction was also sought on the government to monitor payment made to all such employees through online means and to ensure that they get prescribed or fixed minimum wage.

“The Respondents are, however, directed that no advertisement is published on the portal which is non-compliant with the Minimum Wages Act, 1948,” the court said.

Responding to the plea, the Delhi Government filed a counter affidavit stating that the Rozgar Bazar Portal was launched to help the people affected by the COVID-19 pandemic. The government further said that a software was developed to enable anyone to post jobs irrespective of the job categories and specifications.

The response also said that some employers registered on the portal were advertising job vacancies at minimum wages rate less than the prescribed rates of minimum wages as notified by Delhi Government’s Labour Department.

The Delhi Government said that since such advertisements would be in violation of Minimum Wages Act, 1948, instructions were issued to not upload such advertisements which are non-compliant with the enactment.

“The Respondents have also stated that they are taking appropriate steps to update their software portal so that not a single advertisement reflecting wages below the prescribed minimum wages would be uploaded,” the court noted while disposing of the plea.

A law student of Jamia Millia Islamia University in the PIL said he had filed the case for the benefit of workers and labourers working in Delhi. The PIL sought enforcement of labour laws and termination of bonded labour in the national capital.

The PIL referred to an order issued by Delhi Government regarding minimum wages to be paid to unskilled, semi-skilled and skilled workers, with effect from October 1, 2022.

It was Ahmad’s case that job opportunities for posts like Office Boy, Cook, Waiter, Computer Operator, Delivery Boy, Kitchen Helper, Ambulance Driver, Peon, Security Guard etc. were being advertised with salaries below fixed minimum wage, thereby violating its order.

“…non-payment of Minimum wage is adversely affecting the right to life (including the right to health and the right to dignity) as guaranteed under Article 21 of the Indian Constitution. It is because a person who does not have the minimum amount of money as decided by the government may not be in a position to buy and eat healthy food and avail other basic necessities such as cloths, accommodation and internet,” the plea read.

Title: MD IMRAN AHMAD v. GOVERNMENT OF NCT OF DELHI & ANR.

Citation: 2023 LiveLaw (Del) 851