ition No 6816 of 1981
Under Article 32 of the Constitution of India Kapil Sibal for the Petitioner
274 BD Sharma for the Respondent
The following judgments were delivered BHAGWATI J
The petitioner is the Director of a social action group called Social Work and Research Centre operating in and around Tilonia village in Ajmer district of the State of Rajasthan
The Social Work and Research Centre is duly registered society and since February 1972 it has been actively engaged in the work of upliftment of Scheduled Castes and Scheduled Tribes in different areas and particularly in and around Tilonia village
It operates through various groups and the present writ petition has been filed by the petitioner for the purpose of remedying gross violations of the which have been discovered by one such group
These violations according to the petitioner have been taking place in the following circumstances and they need to be redressed through judicial intervention
The Public Works Department of the State of Rajasthan is constructing Madanganj Harmara Road close to village Tilonia and according to the State Government it is a part of famine relief work undertaken with a view to providing relief to persons affected by drought and scarcity conditions
The State Government in the Public Works Department has engaged a large number of workers for construction of this road and they include women belonging to Scheduled Castes
It is common ground that the minimum wage for a construction worker in Rajasthan is Rs 7 per day and it was asserted on behalf of the petitioner and not disputed on behalf of the State Government that the Notification fixing the minimum wage of Rs 7 per day does not specify any particular quantity of work to be turned out by the worker in order to be entitled to this minimum wage
Now the practice followed by the Public Works Department for engaging workers for the construction work is to issue an identity card to every resident in the famine affected area who registers himself with the Halka patwari and the identity card would show the number of members in the family of the card holder including males females and children
Every resident in the famine affected area would be entitled to be employed in the famine relief work undertaken by the State Government on production of the identity card
This way a large number of workers including women belonging to Scheduled Castes are engaged in the construction work of the Madanganj Harmara Road
The workers employed in this construction work are divided into gangs of 20 persons or multiple 275 thereof and there is a separate muster roll for each such gang and the work done by it is measured every fortnight and payment is made by the Public Works Department to the Mate who is the leader of the gang according to the work turned out by such gang during each fortnight
The Public Work Department has fixed a certain norm of work to be turned out by each gang before the workmen belonging to such gang can claim the minimum wage of Rs 7 per day with the result that if any particular gang turns out work according to the norm fixed by the Public Works Department the Mate would be paid such amount as would on distribution give a wage of Rs 7 per day to the workmen constituting such gang but if less work is turned out by such gang payment to be made to the mate of such gang would be proportionately reduced and in that event the wage earned by each member of such gang would fall short of the minimum of Rs 7 per day
The petitioner has stated in the writ petition that as a consequence of this practice followed by the Public Works Department workmen belonging to most of the gangs receive a wage very much less than the minimum wage of Rs 7 per day as illustrated by a few instances set out in Annexure I to the writ petition
The petitioner has also averred that even within the gang itself deferential payments are made to the workmen without any visible principle or norm and it is not uncommon that a worker who has put in full day s work throughout the period of the fortnight may get less than the minimum wage of Rs7 per day while a worker who has put in much less work may get more than the proportionate wage due to him
This system of payment adopted by the Public Works Department created considerable discontent amongst the women workers belonging to Scheduled Castes who were engaged in this construction work and on 21st August 1981 about 200 to 300 such women workers approached the Social Work and Research Centre seeking advice as to what course of action should be adopted by them for the purpose of eliminating differential payments in wages and securing payment of minimum wage of Rs 7 per day for each worker
Mrs Aruna Roy the Development Coordinator of the Social Work and Research Centre thereupon contacted Shri Atul Gupta Asstt
Collector and both of them immediately proceeded to the site of the construction work
On their arrival at the site an impromptu meeting took place where the women workers gave vent to their grievances which included inter alia complaint in regard to the wide difference in respect of payments made by Mates to several gangs for the same category 276 of work performed and pointed out that differentials in payments also existed between the women workers working in the same gang and performing the same category of work
 Since these differential payments in wages were made by the Public Works Department to the gangs allegedly on the basis of the quantity of work turned out by each such gang and according to the petitioner there were even within the gang itself differentials in payment of wages to the workers resulting in perpetuation of inequality the petitioner in his capacity as Director of the Social Work and Research Centre filed the present writ petition challenging the system of payment of wages to the workers and seeking a writ of mandamus directing the State Government to comply with the prescribed rates of minimum wages under the as applicable in the State of Rajasthan
 When the writ petition reached hearing before us the State Government produced the Rajsthan Famine Relief Works Employees Exemption from Labour Laws Act 1964 hereinafter referred to as the Exemption Act and relying upon this statute the State Government contended that since the construction work of Madangang Harmara Road was a famine relief work the was not applicable to employees engaged on this construction work by reason of section 3 of this Act
The Exemption Act is a Rajasthan statute enacted on 7th September 1964 and it is deemed to have come into force with effect from 1st July 1963
Section 2 clause b of this Act defines famine relief works to mean works already started or which may hereafter be started by the State Government to provide relief to persons affected by drought and scarcity conditions and Labour Law is defined in section 2 clause c to mean any of the enactments as in force in Rajasthan relating to Labour and specified in the Schedule
The is one of the enactments specified in the Schedule to the Exemption Act
Then section 3 of the Exemption Act proceeds to enact that Notwithstanding any such law Section 4 of the Exemption Act excludes the jurisdiction of courts and provides that no court shall take cognizance of any matter in respect of an employees of famine relief works under any Labour Law which includes the 
Now if the Exemption Act were a valid piece of legislation it is obvious that no workman employed in a famine relief work would be entitled to complain that he is paid less than the minimum wage because the applicability of the would be 277 excluded by reason of section 3 of the Exemption Act and the women workers engaged in the construction work of Madanganj Harmara Road would have to be content with whatever wage is paid to them even though it be less than the minimum wage of Rs 7 per day and their only complaint which would then survive would be that there is discrimination by reason of differential payment of wages to workmen doing the same quantity of work
The petitioner therefore sought leave to amend the writ petition by including a challenge to the constitutional validity of the Exemption Act and on such leave being granted the petitioner filed an amended writ petition in this Court
The principal grounds on which the constitutionality of the Exemption Act was challenged were based on Articles 14 and 23 of the Constitution
I am for reasons which I shall presently state of the view that the challenge under Article 23 is well founded and it is therefore not necessary to investigate the facts relating to the violation of Article 14 and I accordingly propose to confine my judgment only to a consideration of the attack based on Article 23
If the Exemption Act is unconstitutional on the ground that it violates Article 23 it would be out of the way so far as the claim of the workmen for the minimum wage of Rs 7 per day is concerned and the only question then would be whether the workmen are entitled to the minimum wage of Rs 7 per day in any event or any deduction can be made from such minimum wage on the ground that the workmen have not turned out work according to the norm set down by the Public Works Department
This Court had occasion to consider the true meaning and effect of Article 23 in a judgment given on 18th September 1982 in writ petition No 8143 of 1981 Peoples Union for Democratic Rights and Ors
vs Union of India and Ors
1 The Court pointed out that the constitution makers when they set out to frame the Constitution found that the practice of forced labour  constituted an ugly and shameful feature of our national life which cried for urgent attention and with a view to obliterating and wiping out of existence this revolting practice which was a relic of a feudal exploitative society totally incompatible with new egalitarian socio economic order which We the people of India were determined to build they enacted Article 23 in the Chapter on Fundamental Rights
This Article said the Court is intended to eradicate the pernicious 278 practice of forced labour  and to wipe it out altogether from the national scene and it is therefore not limited in its application against the State but it is also enforceable against any other person indulging in such practice
It is designed to protect the individual not only against the state but also against other private citizens
The Court observed that the expression other similar forms of forced labour in Article 23 is of the widest amplitude and on its true interpretation it covers every possible form of forced labour begar or otherwise and it makes no difference whether the person forced to give his labour or service to another is remunerated or not
Even if remuneration is paid labour supplied by a person would be hit by this Article if it is forced labour that is labour supplied not willingly but as a result of force or compulsion and the same would be the position even if forced labour supplied by a person has its origin in a contract of service
The Court then considered whether there would be any breach of Article 23 when a person provides labour or service to the State or to any other person and is paid less than the minimum wage for it and observed It is obvious that ordinarily no one would willingly supply labour or service to another for less than the minimum wage when he knows that under the law he is entitled to get minimum for the labour or service provided by him
It may therefore be legitimately presumed that when a person provides labour or service to another against receipt of remuneration which is less than the minimum wage he is acting under the force of some compulsion which drives him to work though he is paid less than what he is entitled under the law to receive
What Article 23 prohibits is forced labour  that is labour or service which a person is forced to provide and force  which would make such labour or service forced labour  may arise in several ways
It may be physical force which may compel a person to provide labour or service to another or it may be forced exerted through a legal provision such as a provision for imprisonment or fine in case the employee fails to provide labour or service or it may even be compulsion arising from hunger and poverty want and destitution
Any factor which deprives a person of a choice of alternatives and compels him to adopt one particular course of action may properly be regarded as force and if labour or service is compelled as a result of such 279 force it would be forced labour 
Where a person is suffering from hunger or starvation when he has no resources at all to fight disease or to feed his wife and children or even to hide their nakedness where utter grinding poverty has broken his back and reduced him to a state of helplessness and despair and where no other employment is available to alleviate the rigour of his poverty he would have no choice but to accept any work that comes his way even if the remuneration offered to him is less than the minimum wage
He would be in no position to bargain with the employer he would have to accept what is offered to him
And in doing so he would be acting not as a free agent with a choice between alternatives but under the compulsion of economic circumstances and the labour or service provided by him would be clearly forced labour 
There is no reason why the word forced  should be read in a narrow and restricted manner so as to be confined only to physical or legal force  particularly when the national charter its fundamental document has promised to build a new socialist republic where there will be socioeconomic justice for all and everyone shall have the right to work to education and to adequate means of livelihood
The constitution makers have given us one of the most remarkable documents in history for ushering in a new socio economic order and the Constitution which they have forged for us has a social purpose and an economic mission and therefore every word or phrase in the constitution must be interpreted in a manner which would advance the socio economic objective of the Constitution
It is not unoften that in a capitalist society economic circumstances exert much greater pressure on an individual in driving him to a particular course of action than physical compulsion or force of legislative provision
The word force  must therefore be construed to include not only physical or legal force but also force arising from the compulsion of economic circumstances which leaves no choice of alternatives to a person in want and compels him to provide labour or service even though the remuneration received for it is less than the minimum wage
Of course if a person provides labour or service to another against receipt of the minimum wage it would not be possible to say that the labour or service provided by him is forced 280 labour  because he gets what he is entitled under law to receive
No inference can reasonably be drawn in such a case that he is forced to provide labour or service for the simple reason that he would be providing labour or service against receipt of what is lawfully payable to him just like any other person who is not under the force of any compulsion
We are therefore of the view that where a person provides labour or service to another for remuneration which is less than the minimum wage the labour or service provided by him clearly falls within the scope and ambit of the words forced labour  under Article 23 Such a person would be entitled to come to the court for enforcement of his fundamental right under Article 23 by asking the court to direct payment of the minimum wage to him so that the labour or service provided by him ceases to be forced labour  and the breach of Article 23 is remedied
 I must therefore hold consistently with this decision that where a person provides labour or service to another for remuneration which is less than the minimum wagethe labour or service provided by him clearly falls within the meaning of the words forced labour  and attracts the condemnation of Article 23
Every person who provides labour or service to another is entitled at the least to the minimum wage and if anything less than the minimum wage is paid to him he can complain of violation of his fundamental right under Article 23 and ask the court to direct payment of the minimum wage to him so that the breach of Article 23 may be abated
If this be the correct position in law it is difficult to see how the constitutional validity of the Exemption Act in so far as it excludes the applicability of the Minimum wages Act 1948 to the workmen employed in famine relief works can be sustained
Article 23 as pointed out above mandates that no person shall be required or permitted to provide labour or service to another on payment of anything less than the minimum wage and if the Exemption Act by excluding the applicability of the  provides that minimum wage may not be paid to a workman employed in any famine relief work it would be clearly violative of Article 23
The respondent however contended that when the State undertakes famine relief work with 281 a view to providing help to the persons affected by drought and scarcity conditions it would be difficult for the State to comply with the labour laws because if the State were required to observe the laws the potential of the State to provide employment to the affected persons would be crippled and the State would not be able to render help to the maximum number of affected persons and it was for this reason that the applicability of the was excluded in relation to workmen employed in famine relief work
This contention plausible though it may seem is in my opinion unsustainable and cannot be accepted
When the State undertakes famine relies work it is no doubt true that it does so in order to provide relief to persons affected by drought and scarcity conditions but none the less it is work which enures for the benefit of the State representing the society and if labour or service is provided by the affected persons for carrying out such work there is no reason why the State should pay anything less than the minimum wage to the affected persons
It is not as if a dole or bounty is given by the State to the affected persons in order to provide relief to them against drought and scarcity conditions nor is the work to be carried out by the affected persons worthless or useless to the society so that under the guise of providing work what the State in effect and substance seeks to do is to give dole or bounty to the affected persons
The court cannot proceed on the basis that the State would undertake by way of famine relief work which is worthless and without utility for the society and indeed no democratic State which is administered by a sane and sensible Government would do so because it would be sheer waste of human labour and resource which can usefully be diverted into fruitful and productive channels leading to the welfare of the community and creation of national asset or wear
It is difficult to appreciate why the State should require the affected persons to provide labour or service on work which is of no use to the society instead of simply distributing dole or bounty amongst the affected persons
There is no reason which the State should resort to such a camouflage
The presumption therefore must be that the work undertaken by the State by way of famine relief is useful to the society and productive in terms of creation of some asset or wealth and when the State exacts labour or service from the affected persons for carring out such work for example a bridge or a road which has utilised for the society and which is going to augment the wealth of the State there can be no justification for the State not to pay minimum wage to the affected persons
The State cannot be permitted to take advantage of the 282 helpless condition of the affected persons and extract labour or service from them on payment of less than the minimum wage
No work of utility and value can be allowed to be constructed on the blood and sweat of persons who are reduced to a state of helplessness on account of drought and scarcity conditions
The State cannot under the guise of helping these affected persons extract work of utility and value from them without paying them the minimum wage
Whenever any labour or service is taken by the State from any person whether he be affected by drought and scarcity conditions or not the State must pay at the least minimum wage to such person on pain of violation of Article 23 and the Exemption Act in so far as it excludes the applicability of the to workmen employed on famine relief work and permits payment of less than the minimum wage to such workmen must be held to be invalid as offending the provisions of Article 23
The Exemption Act cannot in the circumstances be relied upon by the respondent as exempting it from the liability to pay minimum wage to the workmen engaged in the construction work of Madanganj Harmara Road
We must then proceed to consider whether on the facts the labour provided by the workers employed in the construction work of Madanganj Harmara Road could be said to be forced labour on the ground that they received wage less than Rs7 per day
Now it was not disputed on behalf of the respondent that the wage paid to a gang of workmen depended upon the work turned out by a particular gang and if it was less than the norm fixed by the Public Works Department the wage earned by each member of the gang would fall short of the minimum wage of Rs 7 per day
But the argument was that this did not involve any breach of Article 23 because if any particular gang turned out work according to the norm fixed by the Public Works Department the amount paid to the Mate of the gang was enough to give to each workman on distribution the minimum wage of Rs 7 per day and it was only if less work was turned out by the gang that the workmen would receive less than the minimum wage of Rs 7 per day and this result would ensue not on account of any default on the part of the respondent but entirely because of the lethargy of the workmen constituting the gang
The workmen said the respondent could always earn the minimum wage of Rs 7 per day by turning out work according to the norm fixed by the Public Works Department but if they did not do so and in consequence received less than the minimum 283 wage of Rs 7 per day the respondent could not be held responsible for breach of the fundamental right conferred under article 23
This argument does at first blush appear to be attractive but a closer scrutiny will reveal that it is unfounded
If we look at the Notification issued under the fixing the minimum wage of Rs 7 per day for workmen employed in the construction work it will be obvious that the minimum wage is fixed per day and not with reference to any particular quantity of work turned out by the workman during the day
Nor does the Notification empower the employer to fix any particular norm of work to be carried out by the workman with reference to which the minimum wage shall be paid by the employer
The minimum wage is not fixed on piece rate basis so that a particular minimum wage would be payable only if a certain amount of work is turned out by the workman and if he turns out less work then the minimum wage payable would be proportionately reduced
Here the minimum wage is fixed at Rs 7 per day and that is the minimum wage which must be paid by the employer to the workman so long as the workman works throughout the working hours of the day for which he can lawfully be required to work
The employer may fix any norm he thinks fit specifying the quantity of work which must he turned out by the workman during the day but if the workman does not turn out work in conformity with such norm the employer cannot pay him anything less than the minimum wage
If the norm fixed by the employer is reasonable and the workman does not turn out work according to such norm disciplinary action may be taken against the workman and in a given case he may ever be liable to be thrown out of employment but he cannot be paid less than the minimum wage unless of course the minimum wage fixed by the Notification under the is co related with the quantity of work to be turned out by the workman
Otherwise it would be the easiest thing for the employer to fix an unreasonably high norm which a workman working diligently and efficiently during the day cannot possibly reach and thereby deprive the workman of the minimum wage payable to him
There can therefore be no doubt that in the present case the respondent was not entitled to pay less than the minimum wage to the workman belonging to a gang on the ground that such gang turned out work less than the norm fixed by the Public Works Department
I must therefore hold that each workman employed in the construction work of Madanganj Harmara Road was entitled to 284 receive the minimum wage of Rs 7 per day from the respondent and the respondent was not entitled to reduce the wage payable to the workman below the minimum of Rs 7 per day on the ground that the gang of which the workman was a member had turned out work less than the norm fixed by the Public Works Department
I would accordingly direct the respondent to pay to each workman employed in the construction work of Madanganj Harmara Road the difference between the minimum wage of Rs 7 per day and the actual wage paid during the period that the workman provided labour on this construction work
I do not think it should be difficult for the State to carry out this direction since the workman employed on this construction work are all residents of the surrounding area and the muster roll maintained by the Public Works Department would give the particulars of such workmen
I would direct that the arrears of difference between the minimum wage of Rs 7 per day and the actual wage disbursed shall be paid by the respondent to the workmen within two months from today and a report to that effect shall be submitted by the respondent to this Court on or before 30th April 1983 setting out particulars of the payments made and the names of the workmen to whom such payments are made
I would also direct that the State shall hereafter pay to each workman employed in any famine relief work including the construction work of Madanganj Harmara Road minimum wage for the labour provided in such construction work and no deduction in the minimum wage shall be made on the ground that the work turned out by such workman is less than the norm fixed by the Public Works Department unless and until a notification is issued under the co relating the minimum wage with a particular quantity of work to be turned out by the workman
Since the petitioners have succeeded in the writ petition the respondent will pay the costs of the writ petition to the petitioners
PATHAK J I agree with the order proposed by my learned brother
But while he has found substance in the contention that the case is one of forced labour within the meaning of article 23 of the Constitution I prefer to rest my decision on the ground that there is a breach of article 14 of the Constitution
It appears that in order to provide relief to persons affected by drought and scarcity conditions in the area employment has been offered in the construction of the Madanganj Harmara Road 285 Payment of wages for the day is determined by the Public Works Department on the basis of a standard norm of work the wage for completing the daily standard norm being fixed at Rs 7
It may be noted that the minimum wage prescribed under the in respect of such work is also Rs 7 per day
The Public Works Department has declared that if the quantum of work turned out during the day is less than the fixed standard norm the workers will be paid a mere proportionate amount of the wage of Rs 7 per day that is to say they will be entitled to a reduced wage only
Sanction for not adhering to the prescribed minimum wage of Rs 7 per day and making payment of a lesser wage has been drawn from section 3 of the Rajasthan Famine Relief Works Employees Exemption from Labour Laws Act 1964 which in provides inter alia that the will not apply to famine relief works or the employees thereof
The being thus out of the way it is open to the Public Works Department to prescribe whatever wages norms it considers appropriate for payment to persons employed by way of relief who are affected by drought and scarcity conditions
It is apparent that in the matter of wages such persons have been treated as a class different from that to which workers from other areas belong
While the latter are entitled under the to the prescribed minimum wage the former must be content with a lesser wage if the work turned out is less than the norm
To my mind there is no justification for such discrimination
The circumstance that employment has been given to persons affected by drought and scarcity conditions provides only the reason for extending such employment
In other words the granting of relief to persons in distress by giving them employment constitutes merely the motive for giving them work
It cannot affect their right to what is due to every worker in the course of such employment
The rights of all the workers will be the same whether they are drawn from an area affected by drought and scarcity conditions or come from elsewhere
The mere circumstance that a worker belongs to an area effected by drought and scarcity conditions can in no way influence the scope and sum of those rights
In comparison with a worker belonging to some other more fortunate area and doing the same kind of work is he less entitled than the other to the totality of those rights Because he belongs to a distressed area is he liable in the computation of his wages to be distinguished from the other by the badge of his misfortune The prescription of equality in Art 286 14 of the Constitution gives one answer only and that is a categorical negative
It is urged for the respondents that employment is provided to all able bodies inhabitants of the area as a measure of relief in their distress and it has been considered desirable to provide employment to all even though at a wage below the prescribed minimum wage than to provide employment to some only at the prescribed minimum wage
The argument evidently proceeds on the assumption that the wages are drawn from a fund too limited to provide for payment of a minimum wage to all
I see no justification for proceeding on that assumption
When the State employs workers for doing work needed on its development projects it must find funds for such projects
And the fund must be sufficient to ensure the prescribed minimum wage to each worker and this is particularly so having regard to the concept of a minimum wage
 It seems to me that by prescribing the criterion which it has the Public Works Department has effected an invidious discrimination bearing no reasonable nexus to the object behind the employment
In my judgment the workers employed in the construction of the Madanganj Harmara Road as a measure of relief in a famine stricken area are entitled to a minimum wage of Rs 7 per day and that wage cannot be reduced by reference to the Rajasthan Famine Relief Works Employees Exception from Labour Laws Act 1964 because in so far as the provisions of section 3 OF that Act countenance a lesser wage they operate against Art 14 of the Constitution and are therefore void
SR Petition allowed


Summary:
The respondent State in the public Works Department has engaged a large number of workers for the construction of Madanganj Harmara Road close to Tilonia village with a view to providing relief to persons affected by drought and scarcity conditions
The workers employed in this construction work are divided into gangs of 20 persons or multiple thereof and for each gang one muster roll is maintained
The work done by each gang is measured every fortnight and payment is made by the Public Works Department to the Mate who is the leader of the gang according to the work turned out by such gang during each fortnight
The Public Works Department has fixed a certain norm of work to be turned out by each gang before the workmen belonging to such gang can claim the minimum wage of Rs 7 per day with the result that if any particular gang turns out work according to the norm fixed by the Public Works Department the Mate would be paid such amount as would be on distribution give a wage of Rs 7 per day to the workmen constituting such gang but if less work is turned out by such gang payment to be made to the mate of such gang would be proportionately reduced and in that event the wage earned by each member of such gang would fall short of the minimum wage of Rs 7 per day
Further this system of proportionate distribution of the wages adopted without any visible principle or norm enabled a workman who has put in less work to get more payment than the person who has really put in more work
Hence the public interest writ petition filed by the Director of the Social Work and Research Centre complaining violation of the provisions of the  Articles 14 and 23 of the Constitution and the vires of section 3 of the Rajasthan Famine Relief Works Employees Exemption from Labour Laws Act 1964
Allowing the Petition the Court  HELD 1
Where a person provides labour or service to another for remuneration which is less than the minimum wage the labour or service provided by him clearly falls within the meaning of the words forced labour  and attracts the condemnation of Article 23
Every person who provides labour or service to another is entitled at the least to the minimum wage and if anything less than the minimum wage is paid to him he can complain of violation of his 272 fundamental right under Article 23 and ask the court to direct payment of the minimum wage to him so that the breach of Article 23 may be abated
280 D F 2 1
The constitutional validity of the Exemption Act in so far as it excludes the applicability of the providing that minimum wage may not be paid to a workman employed in any famine relief work cannot be sustained in the face of Article 23
Article 23 mandates that no person shall be required or permitted to provide labour or service to another on payment of anything less than the minimum wage
Whenever any labour or service is taken by the State from any person whether he be affected by drought and scarcity conditions or not the State must pay at the least minimum wage to such person on pain of violation of Article 23
280 F G 282 B C 2 2
When the State undertakes famine relief work it is no doubt true that it does so in order to provide relief to persons affected by drought and scarcity conditions but none the less it is work which enures for the benefit of the State representing the society and if labour or service is provided by the affected persons for carrying out such work the State cannot pay anything less than the minimum wages to the affected persons
It is not as if dole or bounty is given by the State to the affected persons in order to provide relief to them against drought and scarcity conditions nor is the work to be carried out by the affected persons worthless or useless to the society so that under the guise of providing work what the State in effect and substance seeks to do is to give dole or bounty to the affected persons
The State cannot be permitted to take advantage of the helpless condition of the affected persons and extract labour or service from them on payment of less than the minimum wage
No work of utility and value can be allowed to be constructed on the blood and sweat of persons who are reduced to a state of helplessness on account of drought and scarcity conditions
281 B E H 282 A 2 3
In the instant case the Notification issued under the makes it clear that the minimum wage of Rs 7 is fixed per day and not with reference to any particular quantity of work turned out by the workmen during the day
The Notification does not empower the employer to fix any particular norm of work to be carried out by the workman with reference to which the minimum wage shall be paid by the employer
The minimum wage is not fixed on piece rate basis so that a particular minimum wage would be payable only if a certain amount of work is turned out by the workman and if he turns out less work then the minimum wage payable would be proportionately reduced
Here the minimum wage is fixed at Rs 7 per day and that is the minimum wage which must be paid by the employer to the workman so long as the workman works throughout the working hours of the day for which he can lawfully be required to work
The employer may fix any norm he thinks fit specifying the quantity of work which must be turned out by the workman during the day but if the workman does not turn out work in conformity with such norm the employer cannot pay him anything less than the minimum wage
If the norm fixed by the employer is reasonable and the workman does not turn out work according to such norm disciplinary action may be taken against the workman and in a given case he must even be liable to be thrown out of employment but he cannot be paid less than the minimum 273 wage unless of course the minimum wage fixed by the Notification under the is correlated with the quantity of work to be turned out by the workman
Otherwise it would be the easiest thing for the employer to fix an unreasonably high norm which a workman working diligently and efficiently during the day cannot possibly reach and thereby deprive the workman of the minimum wage payable to him
283 B G Peoples Union for Democratic Rights  Other vs Union of India 
Others 19831 SCR 456 followed
PER PATHAK J 1
The workers employed in the construction of the Madanganj Harmara Road as a measure of relief is a famine stricken area are entitled to a minimum wage of Rs 7 per day and that wage cannot be reduced by reference to the Rajasthan Famine Relief Works Employees Exemption and Labour Laws Act 1964 because in so far as the provisions of section 3 of that Act countenance a lesser wage they operate against Article 14 of the Constitution and are therefore void286 D E 21
By prescribing the criterion which it has the Public Works Department has effected an invidious discrimination bearing no reasonable nexus to the object behind the employment
286 C D 22 The circumstance that employment has been given to persons affected by drought and scarcity conditions provides only the reason for extending such employment
In other words the granting of relief to persons in distress by giving them employment constitutes merely the motive for giving them work
It cannot affect their right to what is due to every worker in the course of such employment
The rights of all the workers will be the same whether they are drawn from area affected by drought and scarcity conditions or come from elsehwere
The mere circumstance that a worker belongs to an area affected by drought and scarcity conditions can in no way influence the scope and sum of those rights
In comparison with a worker belonging to some other more fortunate area and doing the same kind of work he is not less entitled than the other to the totality of those rights nor liable to be distinguished from the other by the badge of his misfortune
285 E G 2 3
When the State employs workers for doing work needed on its development projects it must find funds for such projects
And the fund must be sufficient to ensure the prescribed minimum wage to each worker and this is particularly so having regard to the concept of a minimum wage
Therefore the argument that the wages are drawn from a fund too limited to provide for payment of a minimum wage to all is not justified
286 B C