KARTICK PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The primary question raised by the writ petitioner is, whether rates of remuneration to prisoners in the state of West Bengal should be governed by the provisions of the Minimum Wages Act, 1948 (hereinafter referred to as "the MW Act") and the rates fixed under such provisions by the appropriate government (Central or State, as the case may be) as minimum wages.

(2.) The writ petitioner was incarcerated for the murder of his wife and underwent rigorous imprisonment for the period between July, 2013 and July, 2018. He was, according to the averments in the writ petition, paid Rs. 73,112/- as wages for the said period. Meanwhile, the petitioner had preferred an appeal in this court and the same was disposed of, modifying the charge to culpable homicide under Section 304 (I) of the Indian Penal Code. The sentence of the petitioner was modified to the period already undergone and the petitioner was directed to pay a fine of Rs. 10,000, in default, to suffer rigorous imprisonment for six months. The period of detention suffered by the petitioner during investigation, enquiry and trial was directed to be set off against the substantive sentence imposed upon the petitioner in terms of Section 428 of the Code of Criminal Procedure.

(3.) According to the writ petitioner, the payment of wages for the period of imprisonment underwent by the petitioner ought to be commensurate with the rates as specified by the state government under the provisions of the MW Act.