Part-Time Employees Working Four Hours Or More Entitled To Fixed Pay Under State's 2019 Circular: Gujarat High Court

The Gujarat High Court recently re-affirmed that the state government's 2019 circular granted benefits and consolidated fixed pay of Rs. 14,800 to those part-time employees who had worked for four hours a day. 

In doing so the court said that the expression used in the state government's 2019 Circular granting such benefits stating that, “part-time employees who are working upto four hours”, has to be construed in a manner that the employees in order to claim the pay of Rs.14,800 have to "actually work minimum for four hours and not less than four hours".

The high court was hearing the State's appeal against a single judge's order directing the state authorities to verify working hours of a part-time employee and in case, if it is found that working hours are four hours or more, the authorities were asked to submit a report to the government in 4 weeks,  for extending benefits envisaged under a 2019 Circular conferring minimum pay-scale with effect from 01.01.2019.

The State argued that though the respondent worker is working for four hours, he is not entitled to the benefits arising from the 2019 Circular, as the Circular mentions that the pay-scale of only those part time employees who were "working for more than four hours" are entitled to such benefits.

A division bench of Justice AS Supehia and Justice LS Pirzada observed that it was not disputed and was in fact admitted by the State that the worker was "working for four hours as a part-timer". The bench said that the Single Judge had also recorded the same in its judgment. 

"Thus, in view of the specific submissions canvassed before the learned Single Judge that the respondent – original petitioner was working for four hours, the learned Single Judge had directed the appellants to verify his working hours and in case if it is found that he was working for four hours or more, he would be entitled to the benefit of pay as envisaged under the Circular dated 16.07.2019," the court said. 

Referring to the Circular the bench noted that as per the same the State Government (Finance Department) has promulgated that a part time employee, who was working for more than four hours, was initially being paid Rs.220/- per day and those who were working actually for four hours, were paid Rs.110/- per day. It noted that the ultimately, the State Government had consolidated the wages/salary and "declared that all the part time employees will be entitled to a fix pay of Rs.14,800/-". 

"Thus, the Circular nowhere mentions that an employee, who is working less than four hours, is entitled to the fixed pay of Rs.14,800/-. The contents of the Circular are self explanatory and it specifically mentions that the employees, who are working for four hours or more, are entitled for the fixed wages of Rs.14,800/-," the bench underscored.

It further said that the "If the expression is construed otherwise, then it would mean that a part-time employee who has worked even less than four hours, i.e the moment he is employed till he is relieved within four hours will also be entitled to claim benefit of fixed pay of Rs.14,800/-, which cannot be the intention of the State Government.The benefit of the pay/wage, as per the Circular, is only extended to those part-time employees who have actually worked for four hours or more, as observed by the learned Single Judge. In the present case, it is not denied by the appellants that the respondent no.2 is working for minimum four hours. It is observed by the learned Single Judge that it will be open for the appellant – authorities to verify the working hours of the respondent-employee and in case it is found that he is working for four hours, i.e. rendering actual four hours of service and not below four hours, the part-time employee would be entitled to the benefits of the Circular dated 16.07.2019" it said. 

The court thus upheld the single judge's order finding no infirmity and dismissed the State's appeal. 

Case title: DEPUTY DIRECTOR, ANIMAL HUSBANDRY & ANR. v/s  STATE OF GUJARAT & ANR.

R/LETTERS PATENT APPEAL NO. 1197 of 2025

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Citation : 2025 LiveLaw (Guj) 193