Bombay HC rules community health volunteers entitled to minimum wage

The Bombay High Court has ruled that community health volunteers, known as "swayamsevaks," are entitled to the minimum wage under the Minimum Wages Act, 1948. The court dismissed all petitions filed by the Brihanmumbai Municipal Corporation (BMC) against their recognition as workers eligible for the statutory minimum wage. Despite being designated as volunteers, their duties align with those of municipal employees, including performing public health roles, maintaining attendance, working fixed hours, following medical instructions, and receiving a fixed monthly payment.

The BMC challenged an Assistant Labour Commissioner (Mumbai) order from September 7, 2020, which had deemed these volunteers entitled to the notified minimum wage and directed the corporation to pay the difference between their existing honorarium and the statutory wage. The corporation argued that no employer-employee relationship existed, as the volunteers worked for five hours daily and received ₹14,000 as an honorarium.

They contended that the term "honorarium" exempted them from the Minimum Wages Act's purview. However, Justice Sandeep Marne, in a single-judge bench, rejected these claims, noting that the nature of the volunteers' work and the level of control over them established an employment relationship.

The court emphasized that these volunteers have been associated with the municipality for decades, contributing to health awareness campaigns, supporting government health programs, and acting as liaisons between health centers and local communities, particularly in slum areas. The program has been active for about 38 years. The court ruled that their payment, although described as an "honorarium," did not exclude them from the Minimum Wages Act.

Justice Marne affirmed that denying social security protections to these workers would be unjust, and ordered the BMC to pay them the notified minimum wage applicable to their employment category.