Bombay HC: BMC Health Volunteers Are Workers, Entitled to Minimum Wage

The Bombay High Court on Friday dismissed all petitions filed by the Brihanmumbai Municipal Corporation (BMC) challenging a labour officer's order that recognised community health volunteers as workers entitled to minimum wages under the Minimum Wages Act, 1948.

Justice Sandeep Marne, presiding over a single-judge bench, upheld the September 7, 2020 order of the Assistant Labour Commissioner (Mumbai). The order had directed the civic body to pay these volunteers the difference between their existing honorarium and the statutory minimum wage.

The BMC had argued that no employer-employee relationship existed, pointing out that the volunteers work five hours daily and receive ₹14,000 as an honorarium. The corporation contended that the use of the term "honorarium" took the arrangement outside the scope of the Minimum Wages Act.

The court rejected these submissions, observing that the nature of the volunteers' duties and the degree of control exercised over them clearly established an employment relationship. Despite being designated as "swayamsevaks," their functions align with those of municipal employees—they perform public health duties, maintain attendance, work fixed hours, and follow instructions from medical staff.

The court noted that these volunteers have been associated with the municipality for nearly 38 years. They assist in health awareness campaigns, support government health programmes, and serve as a crucial link between health centres and local communities, particularly in slum areas.

Justice Marne ruled that describing their fixed monthly payment as an "honorarium" does not exclude them from the purview of the Minimum Wages Act. He held that denying social security protections to these workers would not be justified, as they render service to the corporation and are not merely engaged in voluntary work.