The court docket held that though the volunteers are designated as “swayamsevaks,” their features align with these of municipal workers. File
| Picture Credit score: Vivek Bendre
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The Bombay Excessive Court docket has dismissed all petitions filed by the Brihanmumbai Municipal Company (BMC) on Friday (August 14, 2026) in opposition to an order that recognised neighborhood well being volunteers as staff eligible for minimal wages below the Minimal Wages Act, 1948.
The court docket held that though the volunteers are designated as “swayamsevaks,” their features align with these of municipal workers. They carry out public well being duties, preserve attendance, work fastened hours, comply with medical workers directions, and obtain a set month-to-month fee.
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The BMC had challenged the September 7, 2020 order of the Assistant Labour Commissioner (Mumbai). The order had dominated that these volunteers are entitled to the notified minimal wage and directed the company to pay the distinction between the prevailing honorarium and the statutory minimal wage.
The company argued that no employer-employee relationship exists. It submitted that the volunteers work 5 hours every day and obtain ₹14,000 as an honorarium. It contended that the time period “honorarium” exempts them from the purview of the Minimal Wages Act.
Justice Sandeep Marne, in a single-judge bench, rejected these submissions. He famous that the character of the volunteers’ work and the diploma of management exercised over them set up an employment relationship.
The court docket noticed that these volunteers have been related to the municipality for many years. They help in well being consciousness campaigns, help authorities well being programmes, and act as a hyperlink between well being centres and native communities, significantly in slum areas. The programme has been operational for about 38 years.
The volunteers carry out assigned duties for remuneration. They’re required to report back to responsibility, work specified hours, and comply with directions from medical workers. The court docket acknowledged that describing their fee as an “honorarium” doesn’t exclude them from the purview of the Minimal Wages Act.
Justice Marne upheld the Assistant Labour Commissioner’s order. He dominated that denying social safety protections to those staff wouldn’t be justified. The judgment states that they’re entitled to the notified minimal wage relevant to the employment class below the Act.
The court docket additionally clarified that the volunteers render service to the company and usually are not simply doing volunteer work. The petitions filed by the municipal company in opposition to the Labour Commissioner’s order have been dismissed.
Revealed – August 16, 2026 03:49 pm IST
