Rajasthan Famine Relief Works Employees (Exemption from Labour Laws)

Act, 1964, Section 3, Constitutional validity of-Constitution of India, Articles 14 and 23 and the Minimum Wages Act, 1968-"minimum wage" What is ? explained.

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 Minimum Wages Act, 1948, 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.