New Delhi, Jan 29 (.) The Supreme Court on Thursday declined to entertain a petition seeking a declaration that domestic workers have a fundamental right to be paid minimum wages. The Court held that issues relating to fixing and implementing minimum wages for domestic workers are policy matters and are best left to the State governments.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi expressed concern that making minimum wages mandatory through court orders could have unintended consequences and may even harm domestic workers. The CJI cautioned that such a move could lead to widespread litigation, with trade unions dragging individual households to court, which may result in people becoming reluctant to hire domestic workers at all.
“Every household will be in litigation. Once minimum wages are fixed, people will refuse to hire,” the CJI remarked, adding that overactive trade unions could leave domestic workers without employment. The Bench observed that while arguments based on equality and fair employment under Articles 14, 15 and 16 may appear attractive, the real-world impact could be counter-productive.
“Please examine the consequences. Trade unions will leave these people and they will have nowhere to go,” the CJI said. The Court also flagged concerns about employment agencies, noting that a large portion of wages could be siphoned off by middlemen. Referring to an example from the Supreme Court itself, the CJI said that although the Court paid agencies Rs 40,000 per worker, the workers received only about Rs 19,000.
“This is how trust is broken. Agencies exploit these people,” the CJI observed. Justice Bagchi noted that it would be incorrect to say that domestic workers are left without any protection at all. “There is a safety net. The Unorganised Workers’ Social Welfare Act takes care of welfare measures. Courts are very careful when it comes to economic policy,” he said.
The Bench noted that granting the relief sought would require legislative changes, which the Court cannot direct. In its order, the Court said no enforceable direction could be passed unless Parliament or State legislatures enact a suitable law. It declined to issue such directions and disposed of the petition.
However, the Court requested the State governments to examine the grievances raised and consider suitable mechanisms to prevent the exploitation of domestic workers. The petition had sought a declaration that non-payment of minimum wages to domestic workers violates Articles 21 and 23 of the Constitution. It also challenged the exclusion of domestic workers from the Minimum Wages Act and the Code on Wages, 2019.
The plea was filed through Advocate Shreya Munoth. Appearing for the petitioners, Senior Advocate Raju Ramachandran pointed to welfare laws in other countries, including Singapore. The Court, however, reiterated that the issue involved policy decisions and suggested that petitioners approach State authorities or High Courts where necessary.
. SNG PPP KK