Bombay HC: Health Volunteers Entitled to Minimum Wage, Not Just Honorarium

The Bombay High Court has ruled that community health volunteers working with the Brihanmumbai Municipal Corporation (BMC) are entitled to minimum wages under the Minimum Wages Act, 1948. The court dismissed all petitions filed by the BMC challenging an earlier order that recognised these volunteers as workers eligible for statutory wage protections.

Justice Sandeep Marne, presiding over a single-judge bench, held that despite being designated as “swayamsevaks” (volunteers), the nature of their work and the degree of control exercised over them establish an employment relationship. The volunteers perform public health duties, maintain attendance, work fixed hours, follow instructions from medical staff, and receive a fixed monthly payment.

The BMC had challenged the September 7, 2020 order of the Assistant Labour Commissioner (Mumbai), which had ruled that the volunteers are entitled to the notified minimum wage. The Labour Commissioner had directed the corporation to pay the difference between the existing honorarium and the statutory minimum wage.

During the hearings, the BMC argued that no employer-employee relationship exists, pointing out that the volunteers work five hours daily and receive ₹14,000 as an honorarium. The corporation contended that the term “honorarium” exempts them from the purview of the Minimum Wages Act.

Rejecting these submissions, Justice Marne observed that the volunteers have been associated with the municipality for decades. They assist in health awareness campaigns, support government health programmes, and act as a link between health centres and local communities, particularly in slum areas. The programme has been operational for approximately 38 years.

The court noted that the volunteers perform assigned duties for remuneration. They are required to report to duty, work specified hours, and follow instructions from medical staff. Describing their payment as an “honorarium” does not exclude them from the purview of the Minimum Wages Act, the court held.

Justice Marne upheld the Assistant Labour Commissioner’s order, stating that denying social security protections to these workers would not be justified. The judgment clarifies that the volunteers render service to the corporation and are not just doing casual volunteer work. The petitions filed by the municipal corporation against the Labour Commissioner’s order were dismissed.

This ruling reinforces the principle that nomenclature alone cannot strip workers of their statutory rights. It ensures that community health volunteers, who play a crucial role in public health delivery, receive fair compensation as mandated by law.