Amounts To Forced Labour: Allahabad HC Slams State For Employing A School Guard With A Salary Of ₹150
The Allahabad High Court at Lucknow while dealing with a Writ Petition filed by a Security Guard, working at a Government School, seeking regularization of his employment status and a salary equivalent to the pay scale of a Class IV employee, stated that receiving a salary of Rs. 150 per month since 1998 amounted to forced labour by the State of Uttar Pradesh and was strictly prohibited by law.
The Single Judge Bench of Justice Irshad Ali, after finding that the Petitioner joined the post of Chowkidar on the fixed salary of Rs.30/- which was increased to 150 since 1998, in its order stated, "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. The employment under the State Government for a sum of Rs.150/- p.m. amounts to force labour which is not permissible in law."
Advocates Suresh Singh and Amitabh Kumar Rai appeared for the Petitioner while the Government Standing Counsel Prashant Arora along with Advocates Prashant Chandra and S.S. Rajawat appeared for the Respondents.
The Petitioner submitted that he had completed more than 10 years without any break on the sanctioned post of Choukidar while working in the school daily from 10 a.m. to 4 p.m. The Petitioner also submitted that his work was always found to be satisfactory and that non-payment of the minimum pay scale of a regular class IV post to the Petitioner is illegal, arbitrary, discriminatory and unconstitutional.
On the other hand, the Respondents submitted that the appointment of the Petitioner was on the basis of monthly allowance and not as a class IV employee. They stated that the Petitioner is a part-time Choukidar on a fixed allowance.
The High Court after considering the submissions noted that the petitioner joined the post of Choukidar on the fixed salary of Rs.30/- which was increased to 150 in 1998 and he completed more than 10 years without any break on the post. The Court also observed that the Petitioner has been working in the school daily from 10 a.m. to 4 p.m. like other employees since 1992 and there is no complaint in regard to the work and conduct of the Petitioner.
Accordingly, the Court held 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 the same, if not more working hours as regular employees and ordered that considering in totalities of facts and circumstances of the case, this writ petition is disposed of with a direction to the respondents to pay current wages equivalent to the minimum of pay scale admissible to Class IV employees.
The Court also stated that the candidature of the Petitioner shall also be considered for regularization by the Respondents.
Cause Title: - Amar Singh v. State Of U.P [Neutral Citation No. - 2023:AHC-LKO:56599]
Click here to read/download the Order
