PWD EMPLOYEES UNION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Letters Patent Appeals No. 1486 of 2017 and 1488 of 2017 arise out of a common oral judgment dated 06.07.2017 passed by the learned Single Judge in Special Civil Application No. 250 of 2015 and Special Civil Application No. 15819 of 2014. In both these petitions, the prayer of the petitioners was for a direction to command the respondents to pay minimum wages as prevalent from time to time in the State.

(2.) The facts in both these petitions are not in dispute and are reproduced as under:

(3.) Mr.Shalin Mehta, learned Senior Counsel appearing with Ms.Vidhi Bhatt, learned advocate for the appellants, submitted that non payment of minimum wages is a breach of fundamental right guaranteed under Article 23 of the Constitution of India. He relied on a decision in the case of Peoples' Union for Democratic Rights and Ors. vs. Union of India and ors ., reported in (1982) 3 SCC 235. Non payment of minimum wages, in Mr.Mehta's submission is a direct violation of rights guaranteed under Articles 14, 16 and 21 of the Constitution of India.