Working Hours Of Caretakers Under Social Justice Dept To Be Limited To 8 Hours A Day, 48 Hrs In A Week: Kerala Administrative Tribunal
The Kerala Administrative Tribunal, Thiruvananthapuram declared that compelling Ayahs (caretakers) to work for 24 hours a day and 6 days in a week without break is arbitrary and violative of Constitutional rights.The Bench consisting Justice P V Asha (Judicial Member) and Justice Pradeeep Kumar (Administrative Member) observed that Management cannot deny just and humane working conditions to...
The Kerala Administrative Tribunal, Thiruvananthapuram declared that compelling Ayahs (caretakers) to work for 24 hours a day and 6 days in a week without break is arbitrary and violative of Constitutional rights.
The Bench consisting Justice P V Asha (Judicial Member) and Justice Pradeeep Kumar (Administrative Member) observed that Management cannot deny just and humane working conditions to the Ayahs guaranteed by Article 21 of the Constitution of India and International Conventions. The Tribunal ordered thus:
“There shall be a direction to respondents 1 (State Government) and 2 (Director, Directorate of Social Justice) to see that the number of duty hours of Ayahs like the applicants are rationalized to see that working hours are limited to 8 hours in a day and 48 hours in a week. The Superintendents of the institutions shall be directed to implement such duty hours in the case of the Ayahs, if necessary, by modification of the Management Manual or otherwise. The respondents 1 and 2 shall take all steps for implementing the shift system, as aforesaid within a period of 4 months from the date of receipt of a copy of this order.”
The applicants who were working as Ayahs (caregivers) in institutions under the Social Justice Department, namely, Old Age Home for Mentally Deficit Children, Prateeksha Bhavan and Asha Bhavan approached the Tribunal stating that they were forced to work 24 hours a day and 6 days a week. It was stated that they were unable to avail leave for unavoidable personal or family purposes. It was stated such continuing working hours were causing matrimonial discords, health issues and other personal issues. It is contended that shift system for duty is available to para-medical staff, healthcare workers but such benefits have not been extended to the applicants. They submit that there are entitled to lead a dignified life by regulating their duty hours.
The respondents submitted that post of Ayahs is residential for the protection of marginalized people, and they were entitled to all permissible leaves. It was submitted that Superintendents of such institutions could fix their duty time and they were allotted duties as per Management Manual. It was stated that it was inevitable that Ayahs have to spent time with inmate and could take rest and sleep post 9 PM.
On analyzing the Management Manual, the Tribunal noted that Ayahs have to be attentive all through the day and night to ensure personal care and protection of inmates who exhibit different behavior and were suffering from physical and mental ailments. It thus stated that it is factually to state that Ayahs could rest and sleep post 9 PM.
The Court relied upon the Universal Declaration of Human Rights (UDHR) to state that every person has right to rest, leisure, reasonable working hours, holidays with pay, just and favorable working conditions. It also referred to Hours of Work (Industry) Convention, 1919 and Forty-Hour Week Convention, 1935 to state that number of working hours have to be limited. The Court also referred to Kerala High Court decision in Seenath Beevi v State of Kerala (2003) wherein the Health Service Department was directed to fix the working hours of nurses not to extend 8 hours a day and 48 hours a week.
The Tribunal stated that the State Government has to regulate working hours in tune with the Constitutional provisions and International Conventions to ensure the protection of the fundamental rights of Ayahs. It stated that the right to life under Article 21 ensures the right to work in just and humane conditions to ensure to live with dignity.
Relying upon Apex Court decisions, it was stated that employers cannot fix working hours in violation to the fundamental rights of employees under Article 21 of the Constitution of India.
“The respondents have to recognize the fact that they (Ayahs) are also human beings having every right as declared under Article 23 of UDHR, to free choice of employment and they have the right to rest and leisure as well as reasonable limitation of working hours as provided in Article 24 of the UDHR. Their fundamental right to live with dignity guaranteed under Article 21 of the Constitution of India, can in no way be diluted by way of a management manual. On the other hand, respondents are duty bound to ensure their rights”, held the Tribunal
The Tribunal stated that Ayahs also have personal and family responsibilities and right to fundamental and human rights. It stated that the issues faced by Ayahs could only be resolved by rationalizing their working hours and implementing a shift system.
As such, the application was allowed.
Counsel for Applicants: Advocate Aruna A
Counsel for Respondents: Senior Government Pleader Sreeja Thulasi
Case Name: Sethulakshmi M S v State of Kerala
Case Number: OA 204/2023