The court held that although the volunteers are designated as “swayamsevaks,” their functions align with those of municipal employees. File
| Photo Credit: Vivek Bendre
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The Bombay High Court has dismissed all petitions filed by the Brihanmumbai Municipal Corporation (BMC) on Friday (August 14, 2026) against an order that recognised community health volunteers as workers eligible for minimum wages under the Minimum Wages Act, 1948.
The court held that although the volunteers are designated as “swayamsevaks,” their functions align with those of municipal employees. They perform public health duties, maintain attendance, work fixed hours, follow medical staff instructions, and receive a fixed monthly payment.
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The BMC had challenged the September 7, 2020 order of the Assistant Labour Commissioner (Mumbai). The order had ruled that these volunteers are entitled to the notified minimum wage and directed the corporation to pay the difference between the existing honorarium and the statutory minimum wage.
The corporation argued that no employer-employee relationship exists. It submitted that the volunteers work five hours daily and receive ₹14,000 as an honorarium. It contended that the term “honorarium” exempts them from the purview of the Minimum Wages Act.
Justice Sandeep Marne, in a single-judge bench, rejected these submissions. He noted that the nature of the volunteers’ work and the degree of control exercised over them establish an employment relationship.
The court observed that these 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 volunteers perform assigned duties for remuneration. They are required to report to duty, work specified hours, and follow instructions from medical staff. The court stated that describing their payment as an “honorarium” does not exclude them from the purview of the Minimum Wages Act.
Justice Marne upheld the Assistant Labour Commissioner’s order. He ruled that denying social security protections to these workers would not be justified. The judgment states that they are entitled to the notified minimum wage applicable to the employment category under the Act.
The court also clarified that the volunteers render service to the corporation and are not just doing volunteer work. The petitions filed by the municipal corporation against the Labour Commissioner’s order were dismissed.
Published – August 16, 2026 03:49 pm IST
