Do Not Advertise Vacancies, Mention Minimum Wages! Delhi HC Seeks Response From NCT Govt

The Delhi High Court on Tuesday sought the Delhi Government’s response to a PIL alleging that jobs advertised on the government’s portal pay less than the minimum wage prescribed by law.

A bench consisting of Chief Justice (CJ) Satish Chandra Sharma and Justice Subramonium Prasad sought the government’s response and scheduled the case for further hearing on May 23, 2023.

Md Imran Ahmad, a law student, filed the petition, which sought the protection of labourers’ fundamental rights, the enforcement of labour laws, and the termination of bonded labour in Delhi’s National Capital Territory (NCT).

The petitioner expressed concern about the advertisements of various job opportunities on the online job portal of the Government of NCT of Delhi, alleging that they are being advertised below the prescribed minimum wage, in violation of a government order dated October 14, 2022 that fixed the minimum wages per month.

According to the petitioner, he approached the Delhi Government for lawful wage payment to its employees, but it did not respond or take any action.

The petition argued that the non-payment of the minimum wage has resulted in inequality for those who obtained jobs through the government portal, thereby violating their fundamental rights as guaranteed by Articles 14 and 21 of the Constitution of India.

“Hence, the Respondents’ actions and inaction in the present set of facts and circumstances are unreasonable, unfair, unjust, unwarranted, irrational, illegal, arbitrary, and unconstitutional,” the Court stated.

Therefore, the petitioner requested the Court to issue directions to the Delhi Government from advertising job openings that pay less than the minimum wage on the government’s official portal.

Furthermore, the plea sought directions to the government to monitor payments made to all employees under their jurisdiction using modern technology and ensure that all employees receive the prescribed minimum wage.