The High Court of Delhi has directed the Government of National Capital Territory of Delhi to ensure that no individual, company, organisation or establishment advertised job vacancies with salaries below the fixed minimum wage on its official portal.
The Division Bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula passed the orders on a petition filed by a law student of Jamia Millia Islamia University, seeking enforcement of labour laws and termination of bonded labour in Delhi.
The High Court further directed the GNCTD not to publish any job advertisement on Rozgar Bazaar portal, which did not comply with the Minimum Wages Act, 1948.
Taking note of the submissions made by the counsel appearing for GNCTD that steps were being taken to update the software portal, so that not a single advertisement reflecting wages below the prescribed minimum wages was uploaded on the official portal, the Division bench dismissed the petition.
In a counter affidavit filed before the High Court, the respondent (GNCTD) contended that the Rozgar Bazar Portal was launched to help the people affected by the Covid-19 pandemic.
It said a software was developed to enable anyone to post jobs irrespective of the job categories and specifications, adding that some employers registered on the portal were advertising job vacancies at minimum wage rate less than the prescribed rates of minimum wages as notified by the Labour Department of GNCTD.
The Delhi Government said that since such advertisements would be in violation of Minimum Wages Act, 1948, instructions were issued to not upload such advertisements which were non-compliant with the enactment.
(Case title: Md Imran Ahmad vs Government of NCT of Delhi and Anr)