Throughout UP Cooks Being Paid Paltry Amounts Amounting To Forced Labour: Allahabad High Court Orders Increment As Per MWA

The Bench of Justice Pankaj Bhatia was hearing the plea of one Chandrawati Devi alleging that despite working as a cook for making mid-day-meal in Basic Primary School Pinesar, Basti since 2005, she was removed without any opportunity from 01.08.2019.

She also alleged that since the appointment of the petitioner was made in the year 2005, the petitioner was paid monthly wages of Rs. 1000/- per month and, despite the petitioner having worked for more than 14 years, she was removed.

Government's Response

When the respondents were called to file its reply "as to why and how the petitioner was being exploited for such a long time by paying a meager amount of Rs. 1000/- per month", they placed before the Court, the Government Order dated 24th April, 2010.

As per this GO, the wages for the cook, providing mid-day-meal, is fixed as Rs. 1000/- per month, out of which 75% is to be borne by the Central Government and rest 25% is to be borne by the State Government.

The counsel for the respondents further brought on record a Government Order dated 14th August, 2019 to the effect that new incumbents are to be appointed as cook for providing mid-day-meal and preference would be given to the persons whose one of the child is studying in the school in question.

Thus, it was argued that as the petitioner's child was not studying in the school, she could not be considered for fresh appointment.

It was also submitted that w.e.f. 09th March, 2019 the amount payable to the cooks has been enhanced from Rs. 1000/- to Rs. 1500/- per month

Question before the Court

The Court embarked upon the Journey to find the answer to the question as to whether the payment of wages at the rate of Rs. 1,000/- per month is another form of Forced Labour as barred by virtue of Article 23 of the Constitution of India or not?

While relying on the Apex Court's ruling in the case of People's Union For Democratic Rights and Others v. Union of India and Others; (1982) 3 SCC 235, the Court concluded that the payment of wages at the rate of Rs. 1,000/- per month since the year 2005 up to 2019 to the petitioner was clearly a form of Forced Labour (prohibited under Article 23 of the Constitution of India).

The Court also observed that the petitioner was "never in a position to bargain with the might of the State and continued to suffer the violation of a rights for a period of 14 years."

Court's observations

The Court observed that the instant case highlighted the manner in which "the practice of Forced Labour is prevalent in the country even after 70 years of independence and the helpless people similar to the petitioner continue to suffer the exploitation willingly."

Noting that the petitioner was ready and willing to even work at the rates prescribed by the State, if this Court allows the payment of wages as fixed by the State (Rs. 1,500/- per months), the Court said,

"(The Court) would be clearly guilty of perpetuating the violation of the rights of the petitioner enshrined and guaranteed under Article 23 of the Constitution of India."

Further, the Bench said,

"I am of the firm view that the Government Orders, referred to by the Standing Counsel being the Government Order dated 24th April, 2010 prescribing Rs. 1,000/- per month as wages and the Government Order dated 9th March, 2019 prescribing the minimum wages at Rs. 1,500/- per month are clearly a form of 'Forced Labour', which is specifically prohibited under Article 23 of the Constitution of India."

Thus, the Court held that the State had misused its dominant position in 13 fixing the wages as have been fixed by the two Government Orders to be paid to the cooks employed for providing mid-day-meal.

Court's order

The Court issued a general mandamus directing the State to ensure the payment of wages calculating at the rate prescribed under the Minimum Wages Act to all the cooks employed for providing mid-daymeal in the Institutions run by the Government or Semi-Government bodies.

The Court directed that the said cooks, including the petitioner shall be paid minimum wages calculated and payable for every month and year of services rendered by them w.e.f. 2005 till date by paying them the difference of the said amount, which is over and above Rs. 1,000/- per month.

The State Government and the Union of India were further directed to take steps for issuance of directions fixing the rate prescribed under the Minimum Wages Act, as the wages which would be payable to the cooks employed for providing mid-day-meal in the Institutions run by the Government or the Semi-Government bodies.

Lastly, the Court ordered that its direction shall be carried out by the District Magistrates in respect of all the cooks, who are working for providing mid-day-meal in the Government and Semi-Government Schools within their Districts.

The said exercise of payment of the difference of the amount, as directed above, has been ordered to be made within a period of four months from the date of the Order.

Case title - Chandrawati Devi v. State Of U.P. And 6 Others [WRIT - A No. - 9927 of 2020]

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