PRINCIPAL CHIEF CONSERVATOR OF FORESTS Vs. CHINNANDI

JUDGEMENT

(1.) The orders passed by the Deputy Commissioner of Labour, Dindigul on 17.05.2013 under the Minimum Wages Act , 1948, (hereinafter referred to as 'the Act') are under challenge in the present Writ Petitions.

(2.) The State preferred these Writ Petitions mainly on the ground that the first respondent in all these Writ Petitions were engaged as Plot Watchers on daily wage basis during the year 1985 as per G.O.Ms.No.82, Labour and Employment Department, dated 27.09.2002. Nature of employment and the job responsibility attached to the posts of Plot Watcher are neither skilled nor semiskilled work. It is a Social Forestry Scheme and these Plot Watchers were engaged as daily wage employees under Sweedish International Development Authority (hereinafter referred to as 'SIDA'). The consolidated salary of Rs.818/- per month was paid initially. Even after the completion of the SIDA, the first respondents were permitted to work under the scheme on consolidated pay. Based on the request made by the employees working in the cadre of Plot Watchers, the Government enhanced the consolidated pay to Rs.2,126/- with effect from 01.09.2006 onwards. The employees in Social Forestry Scheme is exempted from the minimum wages under Section 12 of the Act. The first respondents / employees at no point of time have challenged the Government Order, through which they were engaged as Plot Watchers. In view of the fact that they have not raised any objection and accepted the terms and conditions of the appointment as Plot Watchers on consolidated pay, the first respondents / employees cannot turn around and claim minimum wages under the Act.

(3.) The learned Additional Government Pleader appearing on behalf of the writ petitioners made a submission that the Plot Watchers and Village Social Forestry workers requested the State Government and consequently, G.O.Ms.No.222, dated 10.06.1992 and G.O.Ms.No.225, dated 11.06.1992 had been passed and subsequently, these daily wage Plot Watchers were brought under regular establishment and their services are regularised based on the availability of the vacancies. The benefit of regularisation granted to these employees by the Government itself was a concession. These Plot Watchers were not engaged by following the recruitment rules in force. Their initial appointments were irregular and they were engaged in a scheme to watch the forest area.