State employing watchman for ₹150 per month amounts to forced labour: Allahabad High Court

The Allahabad High Court recently held that employment by the State government for a monthly payment of ₹150 amounts to forced labour and is prohibited by law [Amar Singh v. State]..Justice Irshad Ali noted that the nature of the employment of the petitioner, a watchman at a school, involved regularity, responsibility and working hours comparable to 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 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 ₹150 per month amounts to force labour which is not permissible in law," the order stated..The Court was hearing a plea filed by the watchman (petitioner) in 2004. The petitioner was hired in December 1992 initially receiving a monthly salary of ₹30. The following year, he officially assumed the role of a choukidar (watchman). His salary was raised from ₹30 to ₹150 in 1998, and he has been receiving this amount ever since.The counsel for the petitioner argued that he had continuously served for ten years since 1992 working daily from 10 AM to 4 PM just like other employees. Therefore, he was entitled to the minimum pay scale of a Class IV employee.The counsel added that his client had made representations to official authorities but no action was taken on the same.The counsel for the State argued that the appointment of the petitioner was on the basis of monthly allowance and not as a Class IV employee. Since he was a part-time choukidar, he cannot be paid money applicable to regular pay scale, it was contended..After hearing the arguments, the Court ordered the State to pay the petitioner current wages equivalent to the minimum pay scale applicable to Class IV employees, within six weeks."It is however provided that the candidature of the petitioner shall also be considered for regularization by the respondents within the aforesaid period," the order stated..Advocates Suresh Singh and Amitabh Kumar Rai appeared for the petitioner. Advocates Prashant Arora, Prashant Chandra and SS Rajawat represented the State..[Read Order]