Bombay HC Orders BMC to Pay Minimum Wages to Community Health Volunteers

The Bombay High Court has dismissed all petitions filed by the Brihanmumbai Municipal Corporation (BMC) challenging an order that recognised community health volunteers in Mumbai as workers eligible for minimum wages under the Minimum Wages Act, 1948.

A single-judge bench of Justice Sandeep Marne held that although the volunteers are designated as “swayamsevaks,” their functions align directly with those of municipal employees. The court observed that the workers perform essential public health duties, maintain regular attendance, work fixed hours, follow instructions issued by medical staff, and receive a fixed monthly payment.

The BMC had moved the high court against a September 7, 2020 order passed by the Assistant Labour Commissioner (Mumbai). In that order, the Labour Commissioner ruled that the health volunteers are entitled to receive the notified minimum wage and directed the civic body to pay the difference between the existing honorarium and the statutory minimum wage.

Challenging the ruling, the municipal corporation argued before the court that no employer-employee relationship exists between the civic body and the volunteers. The BMC submitted that the volunteers work five hours daily and receive an honorarium of ₹14,000. It contended that the classification of the payment as an “honorarium” exempts them from the scope of the Minimum Wages Act.

Justice Marne rejected the corporation's submissions, noting that the nature of the volunteers’ duties and the degree of control exercised over them clearly establish an employment relationship. The court pointed out that simply describing their remuneration as an “honorarium” does not exclude them from the purview of the Minimum Wages Act.

The court observed that community health volunteers have been associated with the municipality for decades, with the programme remaining operational for approximately 38 years. The volunteers assist in health awareness campaigns, support government health programmes, and serve as a crucial link between civic health centres and local communities, particularly in slum areas.

Justice Marne upheld the Assistant Labour Commissioner’s order, ruling that denying social security protections to these workers would not be justified. The judgment stated that the volunteers are entitled to the notified minimum wage applicable to their employment category under the Act, clarifying that they render direct service to the corporation rather than merely performing volunteer work.