Delhi HC directs State to pay revised minimum wages to Tihar Jail prisoner as per order dated 20-04-2023 passed by Office of Commissioner (Labour), Govt. of Delhi

“There is no justification as to why revised minimum wages have been implemented from 14-11-2023 and not from the date when the minimum wages have been increased and implemented in Delhi.”

delhi high court

Delhi High Court: Petitioner approached this Court for a direction to Respondent 2, Office of Commissioner (Labour), Government of Delhi to review and revise the existing rates of wages in Tihar Prison in light of the minimum wages notified by Respondent 1, State (NCT of Delhi). Subramonium Prasad, J., directed respondents to pay revised minimum wages to petitioner with effect from the date when the minimum wages were increased and implemented in Delhi and not from 14-11-2023.

Petitioner filed an Order dated 20-04-2023 passed by the Office of the Commissioner (Labour), Government of Delhi revising the minimum wages payable by the Government of Delhi after adjustment of the average All India Consumer Price Index Number of the period from July 2022 to December 2023. Petitioner’s counsel submitted that petitioner was entitled to the increased minimum wages from the date when the minimum wages were increased and implemented in Delhi.

Revised rates of minimum wages in respect of unskilled, semiskilled, skilled, clerical, and supervisory staffs in all scheduled employment were as under:

The status report indicated that respondents had decided to revise the minimum wages in respect of prisoners based on wages revised by Labour Department vide Order dated 20-04-2023, however, it was stated that the same should be given effect to only from 14-11-2023.

The Court opined that there was no justification for implementing revised minimum wages from 14-11-2023 and not from the date when the minimum wages were increased and implemented in Delhi.

The Court allowed the writ petition and directed respondents to pay the revised minimum wages to petitioner with effect from the date when the minimum wages were increased and implemented in Delhi and not from 14-11-2023.

[Rahul Dev v. State (NCT of Delhi), 2023 SCC OnLine Del 8076, Order dated 04-12-2023]


Advocates who appeared in this case :

For the Petitioner: Chetan Bhardwaj, Priyal Bhardwaj, Advocates

For the Respondents: Mehak Nakra, ASC; Abhishek Khari, Disha Chaudhry, Advocates

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