The Allahabad High Court in the case observed wherein the Public Interest Litigation, PIL is moved wherein challenging the order of Uttar Pradesh Government’s revising the wages of prisoners.
The bench comprising of Chief Justice Pritinker Diwaker and Justice Saumitra Dayal Singh in the case observed and has raised serious concerns of the Government order issued in August this year with regards to the behaviour of state authorities in not revising the wages of prisoners.
The Government in its order had revised the wages of skilled, semi-skilled and unskilled convicts from an amount of Rs. 40, 30 and 25 to Rs. 81, 60 and 50 respectively.
The present plea moved challenging the GO has been moved by Advocates Aushim Luthra and Atharava Dixit who were appointed as amicus curiae by the court in the wage revision case, which being on the grounds that the minimum wages fixed for prisoners is less than the minimum wage applicable in the State.
The petition moved stated that reliance was placed on UP Payment of Remuneration of Prisoners and Compensation to Victims Rules, 2005, as per which 15% of the amount was being deducted from the remuneration earned by the prisoners and deposited in bank accounts for disbursement to victims.
It has been alleged before the court that the amount is neither being disbursed to the victims nor being returned to the prisoners.
It has also been amended in the amendment application that more than 100 crores is lying in the bank accounts opened under the 2005 Rules.
The petitioner in the plea also referred to the case State of Gujarat v. Hon’ble High Court of Gujarat, wherein the court held that the prisoners were outside the purview of the Minimum Wages Act as there was no employer-employee relationship between them and the State.
The petitioner in the plea contended that with changing times, the State has started to benefit from the products being made within the prisons. Such kind of products are being sold in the open market and the State is benefitting from the proceeds of such sales.
The court stated that in such case, the employee-employer relationship is established. The plea stated that over time, different States have come up with different policies and revisions of wages. However, the same cannot be to the detriment of the prisoners.
The petitioner in the plea prayed that the government order revising the wages of prisoners be quashed and the State be directed to revise wages per the Minimum Wages Act.