10/6/2010 Less than min wages for NREGA worke…

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Less than min wages for NREGA workers unconstitutional: Govt

Anindo Dey, TNN, Oct 5, 2010, 05.36pm IST

JAIPUR: The stance of the ministry of rural development stands null and void. At least, as far as officials of the state government are concerned.

For most of them that the delegation of the Mazdoor Satyagrah met on Monday agreed in unison that it is unconstitutional to pay MGNREGA
workers anything less that the minimum wages. However, officials expressed their inability to pay more and demanded the total component from
the Centre.

Recently, the ministry on a recommendation of the working group of wages, under the National Employment Guarantee Council, had maintained
that the wage rates for MGNREGA is fixed under Section 6 (1) of the Act which does not mandate payment of minimum wages.

The delegation, including noted social activist Aruna Roy and Nikhil Dey, met chief minister Ashok Gehlot, chief secretary S Ahmed and principal
secretary C S Rajan with three demands of ensuring that no one is kept out of the purview of the Minimum Wages Act; wages are linked to
inflation and that the government implement piece rates or till such time that it is implemented pay workers on time rate basis.

Sources informed that all the officials including the chief minister accepted that it was unconstitutional to pay NREGA workers anything less than
the minimum wages. "But they expressed their inability to match the minimum wages as the state does not have fund for the paying the excess
amount," sources informed.

"It is strange that the government has all the money to pay its six lakh employees the increased dearness allowance but seems at a loss when it
comes to paying ordinary workers. The government would be paying an amount of Rs 1,200 crore to its employees and it is this same amount that
could have assured an increased wage to 70 lakh NREGA workers. Denying minimum wages for these workers is not only unconstitutional but
also amounts to slavery," says Nikhil Dey.

In fact, additional solicitor general, Indira Jaising too feels the same. In her opinion, She says that Section 6 of NREGA needs to be considered in
the light of the Sanjit Roy Vs State of Rajasthan (1983) and the People's Union for Democratic Rights Vs Union of India (1982) judgements. "So
read, it should be clear that the expression Notwithstanding anything contained in the Minimum Wages Act, 1948 in it cannot permit the Central
government to fix a wage below the minimum wage in the state as that would be a violation of Article 23 of the Constitution," she says.

She adds: "It is irrelevant, whether such employment is in a relief work, under National Rural Employment Guarantee Act, casual work, contract
work. It is equally irrelevant whether the payment is made monthly, weekly or daily. It is equally irrelevant whether rate is a time rate or piece
rate. The clause in subsection (1) of section 6 by itself will not enable the Central Government to fix a wage at a rate lower than what is provided
under the Minimum Wages Act. The payment of wage below minimum wage would amount to forced labour."

The dharna meantime continued near the Statue Circle with Trilochan Shastri, dean, IIM Bangalore, visiting the venue. "It is strange that when it
comes to paying the labourers so many questions crop up. Why aren't these questions on whether a work was done or not, issues of rates etc come
up when others are blatantly given a rise in their dearness allowance," he wondered.

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