Supreme Court Remands Case for Fresh Hearing, Orders Minimum Wages for Female Attendants

The Supreme Court set aside the Division Bench's judgment, remanding the case for a fresh hearing with proper parties impleaded. The Court directed the High Court to resolve the appeals within six months and ordered the State of Assam to pay minimum wages to Voluntary Female Attendants during the interim period. Each party was instructed to bear their own costs.

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Issues Involved:
1. Parity in pay scale between Voluntary Female Attendants and regularly appointed Ward Girls.
2. Regularization of services of Voluntary Female Attendants.
3. Liability of payment of wages to Voluntary Female Attendants.
4. Non-impleadment of the State of Assam in appeals before the Division Bench of the High Court.
5. Interim relief to Voluntary Female Attendants pending final decision.

Issue-wise Detailed Analysis:

1. Parity in Pay Scale:
The Voluntary Female Attendants under the Family Welfare Scheme sought parity in pay scale with regularly appointed Ward Girls. Initially, the High Court of Gauhati, in the case of Nandeshwari Bora, directed the State Government to pay the minimum pay scale of Rs. 900/- per month to the attendants. This decision was later referenced in subsequent judgments, including Jalini Brahma's case, where the Single Judge of the High Court reiterated the directive for minimum pay scale payment to the volunteers.

2. Regularization of Services:
The issue of regularization of services was addressed in Jalini Brahma's case. The Single Judge observed that the regularization of services was a matter for the State of Assam to consider in accordance with the law. This aspect was not appealed against by the Voluntary Female Attendants, thus attaining finality.

3. Liability of Payment of Wages:
The Union of India contended that the Voluntary Female Attendants were not their employees and thus should not be liable for their wages. The Division Bench of the High Court accepted this contention, absolving the Union of India from the responsibility of payment and fixing it on the State of Assam. The State of Assam, aggrieved by this decision, argued that they were not heard before the adverse order was passed against them.

4. Non-impleadment of the State of Assam:
The State of Assam was not made a party to the appeals filed by the Union of India before the Division Bench of the High Court. The Supreme Court observed that this omission was a violation of the principles of natural justice, specifically audi alterem partem, as the State of Assam was a necessary party to the proceedings. The Court emphasized that a necessary party is one without whom no order can be made effectively, and a proper party is one whose presence is necessary for a complete and final decision.

5. Interim Relief to Voluntary Female Attendants:
The Supreme Court considered the interim relief for the Voluntary Female Attendants, who had been working for over two decades. The Court directed the State of Assam to pay the minimum wages under the Minimum Wages Act during the pendency of the appeals before the High Court. This interim relief was to ensure that the attendants received some remuneration while awaiting the final decision.

Conclusion:
The Supreme Court set aside the impugned judgment and orders passed by the Division Bench of the Gauhati High Court and remanded the matter for de-novo hearing, ensuring that proper parties are impleaded. The Court directed the High Court to dispose of the appeals within six months and ordered the State of Assam to pay the minimum wages to the Voluntary Female Attendants during the interim period. The parties were directed to bear their own costs.

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