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Porters provide valuable support to the Indian Army and hence, should be paid wages at par at the lowest pay-scale applicable to multi-tasking staff

Supreme Court: In the matter where the rights of the posters working for the Indian Army were I n question, the Court said that the porters provide valuable support to the Indian Army and are an integral, if not indispensable, requirement of operations in border areas i.e. the high risk/highly active field areas and hence, they should be paid wages at par at the lowest pay-scale applicable to multi-tasking staff.

Taking note of the fact that the porters are civilians who possess an innate knowledge of the terrain and its hazards who are engaged for the carriage of stores, stocking of posts, collection of water, replenishment of ammunition, clearance of tracks and evacuation of casualties, the Court said that the porters belong to the poorest strata of society but they work, albeit as casual labour, for long years with little regard of safety. Faced with disability, injury and many times death, their families have virtually no social security. Such a situation cannot be contemplated having regard to the mandate in Articles 14 and 16 of the Constitution.

Considering the fact that a scheme has already been finalized by the Ministry of Defence in consultation with the Indian Army for the engagement of “seasonal civilian labour in high risk/highly active field areas”, the Court gave the below mentioned directions to be kept in mind while finalizing the scheme:

The bench of T.S. Thakur and Dr. D.Y. Chandrachud, JJ asked the Union Government to finalise the scheme within 3 months. [Yash Pal v. Union of India, 2017 SCC OnLine SC 8, decided on 02.01.2017]

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