The Allahabad High Court came to the rescue of the sweepers, who, though not part of the police establishment, and engaged on a contract to undertake sweeping and sanitary work at the two police stations, and ruled that the duration of their toil would not debar them from entitlement to payment of minimum wages as per the relevant notification issued under the Minimum Wages Act, 1948.
Therefore, referring to the fixation of minimum wages by the latest Notification No.958-65 dated March 28, 2025, issued under the 1948 Act, the Court held that rates fixed by the statutory notifications under the 1948 Act would prevail over a purely executive order.
Accordingly, the Court issued a mandamus to the Director General of Police, Superintendent of Police, and the Station House Officers of Police Stations, to ensure that remuneration to the petitioners shall be paid in accordance with the 1948 Act, together with arrears from the date of engagement until payment of such arrears within a period of six weeks.
A Single Judge Bench of Justice J.J. Munir observed that if the petitioners (sweepers) were employees of the Police Department or Establishment, their salaries or wages would be governed by the relevant service rules. Since they are men, whose service and labour are hired as outsiders, the protection of the 1948 Act would be available to them.
Referring to the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, the Bench stated that the work done by the petitioners is part of the scheduled employment under the 1948 Act.
The Bench therefore concluded that sweeping and cleaning, being a scheduled employment under the 1948 Act, there can be no cavil that it would apply to the respondents, who are a Department and Establishment of the State Government, and who are not exempted from the operation of the 1948 Act.
Briefly, the petitioners are sweepers, holding the post of a Safaikarmi temporarily in the establishment of the Uttar Pradesh Police at Lalitpur, who were receiving an honorarium of Rs. 1200 per month from the State Government. They pleaded that, despite the SHO having certified their services since July 2022, no appointment letters were issued in their favour by the respondents.
The main grievance is regarding a meagre compensation of Rs. 1200, which is less than what is paid to a casual hand employed under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) by the Government, and accordingly, they claimed entitlement to the minimum wages, provided under the Minimum Wages Act, 1948.
Finding themselves unfairly treated, the petitioners, along with other employees, approached the Superintendent of Police, demanding an increase in their honorarium, but in vain. This was opposed by the Superintendent of Police, who alleged that the petitioners are not employees of the Establishment, but are hired on a part-time basis.
Appearances:
Advocates Anand Kumar Pandey and Kamini Pandey, for the Petitioners
CSC, for the Respondent
