Facing Job Termination at 61: Can My Father Get Arrears Under Minimum Wages Act?

Employment Concerns for a Court Messenger

My father is currently working as a Court Messenger in the Karnataka Women and Child Welfare Department at the taluk level. He was hired for this position 4-5 years ago, initially receiving 500/- Rs per month, which has now increased to 3500/- Rs per month. Despite working for a government office, his salary is paid through a private agency. Up to now, there have been no efforts to raise his salary. At 61 years old, he is facing termination from his job by March 2018. Is there a possibility for him to receive additional money as arrears under the current Minimum Wages Act?

The office has not received any directives from the government to end his employment. However, the agency has issued a letter to the office stating that, due to his age exceeding 60 years, there is a need for a new appointment. Is it justifiable to terminate my father's employment even though he is still capable of working? I would appreciate any suggestions on how to address this issue.

Thanks in advance.

Niranjan.

Labor laws are not applicable to regular, temporary, contractual, and contingent employees serving in government departments whose functions are predominantly sovereign in nature. Particularly, the power of appointment to any lower cadre post of contingent nature, other than those permanent posts that are exclusively within the purview of the State Service Commission and temporary/technical posts within the exclusive sponsorship of Government Employment Exchanges, vests with the designated head of the office of departments. Nowadays, the practice of filling those posts through contractors has been in vogue. Only through the pressure applied by the Service Associations of such contingent employees have their services been regularized or other monetary benefits enhanced through special Government Orders from time to time. Therefore, refer to your State Government orders for relief if any.