'Forced Labour': Allahabad High Court Grants Relief To A 'Chowkidar' Being Paid ₹150 Per Month Since 1998 By UP Govt

The Allahabad High Court recently came to the rescue of a school chowkidar who has been receiving a sum of Rs. 150 per month since 1998 by the state government.

Calling his employment as 'Forced labour' which is impermissible in law, the Court directed the state to pay him current wages equivalent to the minimum of pay scale admissible to Class IV employees within a period of six weeks.

The bench of Justice Irshad Ali noted that the nature of the employment of the petitioner involved regularity, responsibility and the 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 an exploitation of humane labour, violating basic human rights and right to work with dignity violating Article 21 of the Constitution of India," the bench remarked.

Essentially, the petitioner (Amar Singh) moved the instant writ plea before the Court praying for a mandamus to the opposite parties to pay him the regular pay scale of Class IV employee and to regularize his services on the post of Chowkidar.

It was apprised to the Court that he was appointed in December 1992 and initially, he was getting Rs.30 per month and in January he joined the services as a Chowkidar. His salary was increased from Rs.30 to 150 in 1998 and he has been getting the said amount since 1998. 

His counsel submitted that the petitioner has completed more than 10 years of service (daily from 10 AM to 4 PM) without any break like other employees since 1992 and hence, he is entitled to a minimum pay of scale as a Class IV employee. It was also submitted that he made representation to official authorities but no steps were taken.

On the other hand, the Standing Counsel submitted that the appointment of the petitioner is on the basis of monthly allowance and not as a class IV employee but it is a part-time Choukidar on fixed allowance and hence, he cannot be paid a regular payscale.

Having heard the rival submissions, and taking note of the facts and circumstances of the case, the Court noted that while considering similar issues, the Court has given a direction for payment of current wages equivalent to the minimum pay scale admissible to Class IV.

The Court also noted that the nature of the employment of the petitioner is to maintain security in the school and the nature of work involves regularity, responsibility and same, if not more working hours as regular employees.

Consequently, the writ petition was disposed of with a direction to the respondents to pay current wages equivalent to the minimum pay scale admissible to Class IV employees within a period of six weeks.

Case title - Amar Singh vs. State Of U.P.Through Prin Secy Education And 3 Ors [WRIT - A No. - 1505 of 2004]

Case Citation: 2023 LiveLaw (AB) 313

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