Recently, the single-headed bench of Justice Irshad Ali of the Allahabad High Court held that, paying  Rs 150 per month is forced labour and infringement of Article 21 of the Indian Constitution.

In the said matter, the Court was dealing with the petition seek the opposite parties to pay the petitioner the regular pay scale of Class IV employee and to issue a writ in the nature of Mandamus commanding the opposite parties to regularize the services of the petitioner on the post of Choukidar and to release all the consequential benefits to that post. 

In this particular case, the petitioner received an appointment letter from the UP-Vidhyalaya Nirikshak Barabanki office on December 27, 1992. Initially, the petitioner was compensated at a rate of Rs. 30 per month. On January 6, 1992, in compliance with the appointment letter, the petitioner joined the job of Choukidar.

The petitioner continued to work in this capacity and received a monthly salary of Rs. 30 until it was increased to Rs. 150 in 1998, as clearly documented in the petitioner's bank passbook.

Advocate Suresh Singh, counsel for the petitioner submitted that the petitioner has rightly claimed as regards regularization on the post of Choukidar i.e. Class IV post since 1992 in view of the fact that the petitioner has been working on the said post for last more than 10 years. He submitted that non-payment of minimum pay scale of a regular class IV post to the petitioner is illegal, arbitrary, discriminatory and unconstitutional. 

On the contrary, Prashant Arora, counsel for the respondent submitted that the appointment of the petitioner is on the basis of monthly allowance and not as class IV employee but it is part-time Choukidar on fixed allowance.

The Court as directed the respondent to pay current wages equivalent to the minimum of pay scale admissible to Class IV amount with further direction to consider the regularization by the respondents.

In case the State Government forces labour at such a ridiculously low rate, on which no humane being can maintain himself or even exist, the exaction of work cannot be treated other than a exploitation of humane labour, violating basic human rights and right to work with dignity violating Article 21 of the Constitution of India. The employment under the State Government for a sum of Rs.150/- p.m. amounts to force labour which is not permissible in law.

Case Title: Amar Singh v. State Of U.P