JALINI BRAHAMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri A.S. Choudhury, learned counsel for the petitioner, Mr. D. Sur learned counsel for the Union of India and Sri T.Chutia, learned GovtAdvocate for the State of Assam.

(2.) The 54 Nos. of petitioners before this court were appointed as Female Attendants in the various Primary Health Centre, for short P.H.C. from the year 1979 to 1994. Although the appointments were by the State of Assam but they were appointed under the Centrally sponsored scheme under which the petitioners were paid remuneration @ Rs. 50/- per month. The writ petitioners are continuing to servent at the fabulous salary of Rs 50/- per month to get their soul and body intact. From time to time the petitioners made applications, representations before the State Govt. as well as the Central Govt. but both the Govt remain oblivious of' their problem and the petitioners are continuing to serve and suffer. Petitioners have now approaching this court under Article 226 of the Constitution of India praying for two reliefs (1) they may be paid minimum wages/minimum scale provided to Govt. employees serving in similar post; (2) for regularisatIon of their services. Inspite of sufficient opportunity given, neither the Union of India nor the State Govt. has filed any affidavit-in-.-opposition.

(3.) Learned counsel for the petitioner has submitted that the provisions of the Minimum Wages Acts applicable in the State of Assam and neither the State Govt. nor the Central Govt. are exempted from the purview of the said Act. Moerover, the State being a model employer is expected to provide minimum wages to Its employees. In the instant case instead of: giving solace to them these poor female Attendants are exploited in the name of employment by paying a sum of Rs 50/- only per month for the last 15 years. Learned counsel has also relied on a decision of the Apex Court in the case of Daily Rated Casual Labour Employees under the P & T Deptt. Vs Union of India, AIR 1987 SC 2343 and in the case of Dharwad Distt. P. W.D. Literate Daily Wages Employees Association Vs. State of Karnataka, AIR 1990 SC 883 The Supreme : Court in that case observed :