Mumbai: In a relief for nearly 3,000 community health workers (CHV) engaged by the BMC, the Bombay High Court held that they are entitled to receive minimum wages.“Though branded as volunteers, CHVs almost work as workers of the municipal corporation. They do not merely ‘volunteer’ in a real sense but actually discharge vital duties for the municipal corporation for reward…The denial of minimum wages to CHVs is clearly against the legislative objective of the Minimum Wages Act,” said Justice Sandeep Marne on Thursday.He dismissed BMC’s petitions against Sept 7, 2020 order passed by the authority under the Act directing it to pay difference between the minimum wages and honorarium already paid to CHVs. Advocate for CHVs said following the state’s Feb 24, 2015 notification for paying minimum wages, CHVs moved the authority. BMC’s advocates, in the absence of employer-employee relationship, there is no question paying minimum wages. CHVs are currently receiving Rs 14,000 monthly honorarium for five hours services daily.Justice Marne said “mere branding of wages paid to the CHVs as ‘honorarium’ would not deny them the status of ‘employees’ for the purpose of payment of minimum wages.” He also said the mere grant of minimum wages does not make CHVs entitled to any other benefits nor can they claim absorption/ permanency in municipal service.He noted that CHVs were hired as part of 1998 World Bank funded project to supplement BMC’s health services and family welfare programme. “There appears to be no reason why the municipal corporation would discontinue offering health related services to the community. It is a commonly known fact that 40% of Mumbai city resides in slums,’’ he added. Justice Marne refused to stay the judgment for six weeks.
