MEGHALAYA CIVIL TASK FORCE Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner Association is espousing the cause of the members of the Civil Task Force, namely who are holding the post of Subordinate Officers, under Officers as well as Pioneers. The basic grievance of the petitioners are that they are being paid abnormally minimum scale which virtually amounted to forced labour. According to the petitioners the scale so far given to these members are even below the wages fixed by the authorities under the Minimum Wages Act, 1948. It has been ascertained that though in the State there are revision of pay scale of other Government employees, the members of the Association is stagnating at a fixed scale since 1984. The respondent/State Government entered appearance and stated that the pay structure of these members of the Association are regulated by the Meghalaya Civil Task Force Act, 1974 (Act I of 1974) as well as the Meghalaya Civil Task Force Rules, 1980 prescribing the pay and allowances of the members of the Force in Schedule "A" appended to the Rules. It has been further asserted that since 1987 no work has been performed by this Task Force and the Act by which the wages are based was created before publishing the notification fixing the minimum wages in 1987 and 1990. It has been specifically stated that in view of the fact that no work has been performed by the Task Force, the Government did not deem it appropriate to extend the Minimum Wages to these employees. It was also asserted in the affidavit that the Government is contemplating about the winding up of the Meghalaya Civil Task Force and that the expenditure incurred by the Government in maintaining the task force is far outweighing the utility of the task force and in view of the fact that the development department have stopped allotting works to the task force. The State legislature enacted the Meghalaya Civil Task Force Act, 1974 to provide for a constitution of a force to be called the Meghalaya Civil Task Force. In pursuance to the said Act the State Government raised Task Force and is maintaining the same consisted of number of members as directed by the State Govt. from time to time. Under Section 4 any adult person may offer himself for enrolment of the member of the Force if he satisfies the prescribed conditions be enrolled in the prescribed manner by the prescribed authority for such period and subject to such conditions as may be prescribed. Section 6 of the Act prescribed the duties and functions of the Force, provisions of which are cited below :

(2.) In exercise of powers conferred by Section 12 of the Act the State Government made rules known as the Meghalaya Civil Task Force Rules, 1980. Rule 2(h) defined the "Other member", means a member of the Force other than a Superior Officer, Subordinate Officer and Under Officer and includes a pioneer and such of the medical and clerical staff as the State Government may decide. Subordinate Officer, Superior Officer and Under Officer are similarly defined in Rule 2(m), (n) and (o). As per the definition clause a Subordinate Officer means a member of the rank of Subedar Major, Subedar and Jamadar ; and Superior Officer means a member of the rank of Commandant, Deputy Commandant, Assistant Commandant and the Medical Officer, and the Under Officer means a member of the rank of Havildar Major, Havildar and Naik. Rule 15 proscribed the Service Conditions of the members of the Force, and prescribed that the service conditions of the members of the Force including matters relating to recruitment, probation, promotion, seniority, pay, allowance, leave, benefits, duties, responsibilities, disciplinary actions, etc. shall be as proscribed in the regulations framed for this purpose by the State Govt. from time to time.

(3.) The Meghalaya Civil Task Force Rules, 1980 is made under Section 12 of 1974 Act. Rule 11 as well as Schedule "A", which are relevant for the purpose of the decision are clodded down below : PAY, SPECIAL PAY AND ALLOWANCES