Gujarat High Court Upholds Fixed Pay Entitlement for Part-Time Employees

Part-time employees working four hours or more entitled to Rs.14,800 fixed pay as per 2019 Circular; Court dismisses appeal challenging verification process.

In a significant ruling, the Gujarat High Court has upheld the entitlement of part-time employees to a fixed pay of Rs.14,800, provided they work a minimum of four hours daily. The Division Bench, comprising Justices A.S. Supehia and L.S. Pirzada, dismissed an appeal by the Deputy Director of Animal Husbandry, challenging a Single Judge's directive to verify the working hours of part-time employees.

The appeal stemmed from an order dated June 25, 2025, which mandated the authorities to confirm the working hours of part-time employees. If confirmed to be four hours or more, the employees would be entitled to benefits under the Circular dated July 16, 2019, effective from January 1, 2019.

The appellants argued that the Circular does not confer benefits on employees working less than four hours. However, the Court emphasized that the respondent, originally the petitioner, was indeed working the requisite four hours, and thus eligible for the fixed pay.

The Court referred to a prior judgment dated August 11, 2023, where it was concluded that employees working less than four hours are not entitled to the fixed pay scale. The Circular clearly stipulates that part-time employees working four hours or more qualify for the fixed pay, reinforcing the Single Judge's decision.

The judgment underscores the necessity of verification to ensure employees meet the four-hour criterion. The Court found no illegality in the Single Judge's order, affirming the dismissal of the appeal and the subsequent civil application.

This ruling serves as a crucial precedent for part-time employees in Gujarat, ensuring fair compensation aligned with their working hours.

Bottom Line:

Part-time employees working for minimum four hours or more are entitled to a fixed pay of Rs.14,800/- as per the Circular dated 16.07.2019. Employees working less than four hours are not eligible for such benefits.

Statutory provision(s): Circular dated 16.07.2019

Deputy Director, Animal Husbandry v. State of Gujarat, (Gujarat)(DB) : Law Finder Doc Id # 2804848