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Eminent Domain Attorney Union, SC

Eminent Domain Attorneys in Union, SC

Most people who buy a home and the land it sits on expect that it will be theirs for as long as they choose to reside there. They may choose to pass that home and land along to children or other family members once they pass. It's a very common scenario, but for some residents of Charleston County, it may not be possible due to a highway expansion. Once the expansion starts, these residents could actually lose their land. And while you wouldn't think such an action would be legal in America, truth is often stranger than fiction.

The newly proposed expansion on Highway 41 will expand the highway to two lanes, increasing it to a total of four lanes on most of the roadway and from two to three lanes near the Phillips Community. The project would also start construction of Laurel Hill Parkway - a two-lane road that intersects through the outskirts of Laurel Hill County Park. For the Phillips Community, which sits adjacent to the highway, it could mean the loss of residents' homes and land that have been in their families for generations.

So, what can people like those in the Phillips Community do? They don't want to lose their homes or bear the burden of significantly more traffic around them. On their own, the options can be dour. But with the help of eminent domain attorneys in Union, SC, these families can receive the just compensation they deserve.

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Understanding Eminent Domain in South Carolina

Remember that when you purchase or are given a plot of land, your property rights aren't as absolute as you may think. According to the United States Constitution, the government has the authority to take your property under specific circumstances. Essentially, your property rights are not absolute.

What's interesting is that the government's ability to take your property is actually stated in the Constitution. Even though the Constitution states that "private property shall not be taken for public use without just compensation," in essence, this means the government can take your property if the intended use is valid and they compensate you fairly. The Supreme Court upheld this view in 1876, interpreting that the government had this power based on the Constitution. Eminent domain was frequently used during the construction of the nation's railroad system, often without sufficient limitations on the government.

Unfortunately, many South Carolina residents end up being on the wrong end of the cost-benefit analysis when it comes to fair compensation. That's why, if the government is trying to take your land, it's so important to get in touch with eminent domain attorneys in Union, SC, as soon as possible. That way, you have someone by your side for any legal proceedings or disputes. At Lauren Taylor Law, we have a proven track record of achieving positive outcomes for our clients in cases where the government has failed to fulfill its legal responsibilities.

How Can the Government Take Your Property?

There are typically two different ways that the government may take your property. Those include:

 Property Rights Union, SC
  • Inverse Condemnation: This happens when you must take action and declare that your property or land was taken (even though you may still own it) so that you may receive compensation.
  • Directly: This happens when the government takes explicit action to own your property.

In both scenarios, you could be forced into litigation in order to protect your rights, even though you had no plans on doing so.

The Process of Eminent Domain in South Carolina

When the government wants to acquire your land, they will typically begin by making a formal offer to buy your property. At this point, you may have the opportunity to negotiate with them. If you decide that selling your property is the best option, it's important to work towards reaching an agreement with the government on the sale price. This isn't always a straightforward process because the government may not be willing to offer you a fair amount.

To determine the price of your property, the government will have their appraiser assess the value of the property. This appraiser functions much like an adjuster for an insurance company, many of whom offer lowball pricing. You should know that you have the right to hire your own appraiser to determine an independent valuation. This is often the best course of action if you're considering selling to the government.

If you choose not to sell to the government, they may proceed by filing a lawsuit to initiate the condemnation process. At this point, you can challenge the taking itself by working with eminent domain attorneys in Union, SC. You can also ask the court to determine the fair market value of the property if the government's valuation is lower than what you believe is fair.

Limits to Eminent Domain in South Carolina

While the government can use its power to take your land, there are limits on its ability to do so. Namely:

  • The government must pay landowners a fair market price for their property.
  • The land the government takes must be for public use.

As such, there are two reasons why you can sue the government as part of an eminent domain case:

  • The government won't compensate you fairly for your property.
  • The government is taking your land but not for public use.

Given the history of these cases, you can never trust the government to act fairly. Why? Because local officials often have interests in such matters, and your rights are getting in their way. Sometimes, the only viable route you have is to lawyer up and fight the case in court.

The Process of Eminent Domain in South Carolina

When the government wants to acquire your land, they will typically begin by making a formal offer to buy your property. At this point, you may have the opportunity to negotiate with them. If you decide that selling your property is the best option, it's important to work towards reaching an agreement with the government on the sale price. This isn't always a straightforward process because the government may not be willing to offer you a fair amount.

To determine the price of your property, the government will have their appraiser assess the value of the property. This appraiser functions much like an adjuster for an insurance company, many of whom offer lowball pricing. You should know that you have the right to hire your own appraiser to determine an independent valuation. This is often the best course of action if you're considering selling to the government.

If you choose not to sell to the government, they may proceed by filing a lawsuit to initiate the condemnation process. At this point, you can challenge the taking itself by working with eminent domain attorneys in Union, SC. You can also ask the court to determine the fair market value of the property if the government's valuation is lower than what you believe is fair.

Limits to Eminent Domain in South Carolina

While the government can use its power to take your land, there are limits on its ability to do so. Namely:

  • The government must pay landowners a fair market price for their property.
  • The land the government takes must be for public use.

As such, there are two reasons why you can sue the government as part of an eminent domain case:

  • The government won't compensate you fairly for your property.
  • The government is taking your land but not for public use.

Given the history of these cases, you can never trust the government to act fairly. Why? Because local officials often have interests in such matters, and your rights are getting in their way. Sometimes, the only viable route you have is to lawyer up and fight the case in court.

What Constitutes "Public Use" of Your Land in South Carolina?

Landowners commonly contest whether the taking is genuinely for public use. There are constraints on the government's actions and the reasons for which they can seize your land. The interpretation of these terms by the courts often favors the government. "Public use" does not simply mean that your property would be open to the general public. Instead, the term is more akin to "for the benefit of the public."

Historically, the government expropriated private lands for projects such as bridges and highways. Numerous legal battles arose during the period when the nation was constructing its railroad system. In these instances, the courts typically interpreted "public use" more broadly.

Some of the most common reasons why government landtaking is upheld include the building of structures like:

  • Pipelines
  • Highways
  • Public Buildings
  • Utilities
  • Railroads and Transit Lines
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These are the more "traditional" uses of eminent domain, where the public use would be less in question. However, the law also permits certain utilities to wield the power of eminent domain. For instance, in a recent case in South Carolina, Dominion Energy was granted the authority to acquire homes in order to construct an energy pipeline.

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Regrettably, governments have historically tended to misuse this authority, and some courts have even condoned such actions. As an example, courts in Toledo, Ohio, allowed 83 homes to be taken from residents in order to construct a manufacturing plant for Chrysler, which said the plant would create jobs for the public.

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If the government is trying to take your land, you should never give up on your property. By working with eminent domain attorneys in Union, SC, you may be able to stop them by challenging the taking itself. You can also challenge the purpose of the taking and argue that the reason for "public use" is really for private use.

Partial and Easement Taking of Your Land in South Carolina

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Many people worry about the government taking over their entire piece of land. However, in some cases, the government may not need all your property and might not want to compensate you for it. They may only require a portion of your land.

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In such instances, the government not only has to pay you for the part of the land they are taking, but they also have to compensate for the decreased value of the remaining land that you still own. Additionally, the government may seek to obtain an easement on your land through eminent domain. This easement could be for utilities or access to another area. Once again, the government must compensate you for the land taken and for the reduction in value of the rest of your property.

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Under Eminent Domain, You Must Be Paid Fair Market Value

In essence, fair market value represents the amount a willing buyer would offer to a seller for their property. While this concept seems straightforward, applying fair market value in reality can be quite challenging. In many instances, negotiating with the government may be necessary to receive proper compensation for your land. Just like any negotiator, the government typically begins with a low offer and anticipates a counteroffer from you to reach a mutual agreement. Rarely does the government present its best offer right from the start.

 Eminent Domain Claim Union, SC

Several valuations may be considered to determine your property's fair market value:

The amount of income your property could have produced

Comparison of sales to other similar properties in the area that were recently sold (there could be disagreements pertaining to what is comparable)

The amount of money it would cost to replace your property (and the structures built on it) minus depreciation

In reality, during a trial, both you and the government would have valuation experts testify. First, you'd have to choose the relevant valuation, which the government might dispute. Then, you'd need to apply the appropriate valuation method. There might be a significant difference between your numbers and the government's.

However, even if you couldn't prevent the seizure of the property, many have successfully challenged the government's valuation of their property. Property owners have compelled the government to pay more, and our team of eminent domain attorneys in Union, SC, has represented many of them in the legal process over the years.

How the Government Condemns Your Land with Its Actions

  • The government may not need to attempt to seize your land to potentially owe you money. There are situations where government actions could prevent you from using your land. In many ways, the government has the authority to dictate how you can use your property. They can enact laws and zoning regulations that limit your property usage. To constitute a regulatory taking, the government's actions must completely prevent you from using your land for any economic purpose.
  • The government may have a valid justification for its regulations. However, when it comes to compensating you for your land, the government's intentions are irrelevant. What matters is the impact the regulation has on your land usage.
  • In addition to regulatory taking, the government may take your land if its actions have caused damage to your property. For example, a neighboring construction project could have flooded your property. They might have trespassed on your land, either temporarily or permanently. This type of taking is referred to as a "de facto" taking, and the government still needs to compensate you when it happens.

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What Should You Do if Your Land Can Be Taken by the Government?

Typically, you'll receive notice regarding the potential acquisition of your property through a letter. But if you're like the residents of the Phillips Community, you might have already heard murmurs that something might happen to your land. If you suspect or find out that the government plans to take your land through eminent domain, you need the help of seasoned eminent domain attorneys in Union, SC, right away.

The truth is that the government can be just as challenging to deal with as an insurance company. Despite your constitutional rights, they might try to conceal information or offer far less compensation than your property is worth.

In an eminent domain lawsuit, you're essentially challenging the government. While some courts might show some level of deference to the government, they are not given free rein to do as they please. It's within your rights to stand up and contest the government's actions if they violate your rights. But to fight back effectively, your best bet is to work with an eminent domain lawyer from Lauren Taylor Law.

Your attorney will assess the best legal approach for your case, which could involve suing the government or vigorously defending against their lawsuit. You could also negotiate compensation, either before or after the case goes to court.

 Abbeville Law Firm Union, SC

Top 3 Reasons to Hire an Eminent Domain Lawyer in South Carolina

If you receive notice that your property is being targeted for eminent domain action, also known as condemnation, it's important to seek advice from an eminent domain attorney. Many people won't reach out to a lawyer when dealing with this kind of legal issue because they:

  • Mistakenly believe that the government has their best interests at heart and will actually offer fair compensation
  • Feel intimidated and believe they must cooperate
  • Believe that the taking of their land is really for "public good."

Unfortunately, these assumptions are rarely, if ever, true. In fact, you may actually be more vulnerable and at risk than you originally thought. This misunderstanding illustrates exactly why you should enlist the services of a reputable eminent domain attorney. With the assistance of a legal expert who is well-versed in South Carolina eminent domain law, property owners can safeguard their rights and secure maximum compensation.

Here are the top three ways an eminent domain lawyer can help:

Compensation

1. Help You Get Just Compensation

It's important to keep in mind that the initial offer from the government for your property is often the lowest amount they think they can get away with. This rarely represents the full and fair compensation you deserve. An attorney has the expertise and resources to ensure that you receive proper compensation for the value of your property, including relocation expenses and more.

In some instances, an eminent domain attorney may be able to secure a higher amount than what the government is proposing. The eminent domain lawyers at Lauren Taylor Law are dedicated to safeguarding your rights and protecting your property

Rights

2. Help You Understand Your Rights

Government agencies are not permitted to simply take any property they desire. According to the 5th Amendment, they must prove that the condemnation is genuinely for public use and meets other specific criteria. You have the right to demand that the state fulfill these criteria before seizing your property. Plus, if only a portion of your property is necessary to complete the project, you have the right to safeguard the ownership of the remaining part of your property.

Complicated

3. Provide Guidance Through the Complicated Process of Eminent Domain in South Carolina

Eminent domain cases and their related laws can be quite intricate and overwhelming for the average property owner. You shouldn't be expected to grasp all the technical terms, and you certainly shouldn't be penalized for not fully understanding the process. That's why having an experienced eminent domain lawyer by your side is valuable on many levels. A skilled eminent domain attorney will assist you through each stage in plain language that you can grasp. With an eminent domain attorney advocating for you throughout your case to safeguard your rights, you stand a better chance of receiving the compensation you rightfully deserve.

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Eminent Domain Attorneys in Union, SC Fighting for Your Rights

If the government takes your property or prevents you from using it, you have the right to file a lawsuit. The law provides you with the opportunity to stand on equal ground with our government, allowing your lawyer to advocate for your rights in court.

At Lauren Taylor Law, our eminent domain lawyers step in so you don't get pushed around. Our goal is to fight the government on your behalf, so you get the compensation you deserve. Contact our office today to learn more about eminent domain in South Carolina and how our firm can help.

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Cabinet Minister Dr. Baljit Kaur Holds Meeting with SC/BC Union; Assures Resolution of All Genuine Demands

Chandigarh, February 9:Under the leadership of Chief Minister S. Bhagwant Singh Mann, the Punjab Government is working tirelessly for the welfare of all sections of society. Along with this, special efforts are being made to safeguard the rights of the Scheduled Caste (SC) and Backward Class (BC) communities and to ensure their social and economic upliftment. This was stated by Cabinet Minister for Social Justice, Empowerment and Minorities, Dr. Baljit Kaur.A meeting was held at Punjab Bhawan between Cabinet Mi...

Chandigarh, February 9:

Under the leadership of Chief Minister S. Bhagwant Singh Mann, the Punjab Government is working tirelessly for the welfare of all sections of society. Along with this, special efforts are being made to safeguard the rights of the Scheduled Caste (SC) and Backward Class (BC) communities and to ensure their social and economic upliftment. This was stated by Cabinet Minister for Social Justice, Empowerment and Minorities, Dr. Baljit Kaur.

A meeting was held at Punjab Bhawan between Cabinet Minister Dr. Baljit Kaur and representatives of the SC/BC Union.

During the meeting, the Minister listened carefully to the demands raised by the Union representatives and assured them that all genuine demands would be addressed on priority.

The Minister clarified that issues which can be resolved at the departmental level will be addressed promptly in a time-bound manner. She further stated that matters requiring decisions at the government level will be taken up with the government at the earliest to ensure appropriate resolution.

Dr. Baljit Kaur said that to realise Chief Minister Bhagwant Singh Mann’s vision of a “Rangla Punjab,” it is essential that every section of society becomes an integral part of the development process. She emphasised that the dream of a vibrant Punjab cannot be fulfilled without ensuring dignity,

equal opportunities and justice for the SC and BC communities. “A truly Rangla Punjab will emerge only when there is prosperity in every household, confidence in every mind and equal opportunities for every section of society,” she said.

She reiterated that the Punjab Government is fully committed to the welfare of marginalised and backward sections and is continuously taking concrete and effective steps in this direction. The meeting concluded in a well-organised and positive atmospher.

On the occasion, the meeting was attended by the Principal Secretary, Department of Social Justice, Empowerment and Minorities, Mr. V.K. Meena IAS, the Director of the Department, Mrs. Vimmi Bhullar, IAS and other senior officers of the department.

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Punjab Cabinet Minister Dr. Baljit Kaur Meets SC/BC Union, Assures Swift Resolution of Genuine Demands

Chandigarh: Reaffirming the Punjab Government’s commitment to the welfare of marginalized communities, Cabinet Minister for Social Justice, Empowerment and Minorities Dr. Baljit Kaur held a meeting with representatives of the SC/BC Union at Punjab Bhawan. The meeting focused on addressing issues related to the social and economic upliftment of Scheduled Caste (SC) and Backward Class (BC) communities.Government Committed to SC and BC WelfareSpeaking during the meeting, Dr. Baljit Kaur said the Punjab Gov...

Chandigarh: Reaffirming the Punjab Government’s commitment to the welfare of marginalized communities, Cabinet Minister for Social Justice, Empowerment and Minorities Dr. Baljit Kaur held a meeting with representatives of the SC/BC Union at Punjab Bhawan. The meeting focused on addressing issues related to the social and economic upliftment of Scheduled Caste (SC) and Backward Class (BC) communities.

Government Committed to SC and BC Welfare

Speaking during the meeting, Dr. Baljit Kaur said the Punjab Government is working tirelessly for the welfare of all sections of society, with special emphasis on safeguarding the rights of SC and BC communities. She underlined that inclusive development remains a key priority of the Bhagwant Mann-led government.

Read also: Punjab to Open ‘Blue Cross’ Veterinary Medicine Stores Offering Up to 30% Discount for Livestock Farmers

Union Demands Heard and Assurances Given

The Cabinet Minister patiently listened to the demands raised by SC/BC Union representatives and assured them that all genuine demands would be addressed on priority.

She clarified that:

Vision of ‘Rangla Punjab’ Through Inclusive Growth

Dr. Baljit Kaur emphasized that achieving Chief Minister Bhagwant Singh Mann’s vision of a “Rangla Punjab” is only possible when every section of society is actively included in the development process.

“A truly Rangla Punjab will emerge only when there is prosperity in every household, confidence in every mind, and equal opportunities for every section of society,” she said.

She added that the dignity, justice, and equal opportunities of SC and BC communities are essential pillars of the state’s development journey.

Concrete Steps for Marginalised Sections

Reiterating the government’s resolve, Dr. Baljit Kaur said the Punjab Government is continuously taking concrete and effective steps to ensure the welfare, empowerment, and upliftment of marginalized and backward sections of society.

The meeting concluded in a positive and constructive atmosphere, reflecting mutual cooperation and shared commitment toward inclusive development in Punjab.

Read also: Punjab Strengthens Investment Ties in Mumbai Roadshow, Focuses on Job Creation and MSME Growth

“I thank court for decision”: Union Minister Giriraj Singh on SC’s stay on new UGC regulations

Union Minister Giriraj Singh on Thursday thanked the Supreme Court for putting a stay on the new UGC regulations and said that Prime Minister Narendra Modi has never discriminated against anyone. Speaking with ANI, Giriraj Singh said, “I thank everyone, including the country’s Prime Minister Modi and Home Minister Amit Shah. I thank the court for the decision it has passed. Prime Minister Modi has never discriminated against anyone in the country. It was Prime Minister Modi who gave reservations to EWS. People like us live only f...

Union Minister Giriraj Singh on Thursday thanked the Supreme Court for putting a stay on the new UGC regulations and said that Prime Minister Narendra Modi has never discriminated against anyone. Speaking with ANI, Giriraj Singh said, “I thank everyone, including the country’s Prime Minister Modi and Home Minister Amit Shah. I thank the court for the decision it has passed. Prime Minister Modi has never discriminated against anyone in the country. It was Prime Minister Modi who gave reservations to EWS. People like us live only for the people of our country.”BJP RS MP Manan Kumar Mishra also welcomed SC’s decision and assured that the government would resolve the “lacks” in the resolution. “The court’s interference seemed valid with some of the lacks in the Bill. Now the government and the UGC will get a chance. Our Education Minister had already said that there will be no discrimination against anyone… The government will now resolve the lacks,” he said. Sunil Dahiya, president of Vipra Foundation, said, “We respect the Supreme Court’s decision, and the Supreme Court always protects the Constitution. Our opposition is to government policies, including the government’s discriminatory and anti-caste policies. This has been going on for 80 years, against our children. For 80 years, the government has discriminated against us. They have made us criminals. We are not going to stop. We have understood that this country is being destroyed on the basis of caste. We will not let that happen.”Amid an uproar around the country over the alleged “discrimination” against the General Category in the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, the SC on Thursday stayed the regulations.The Top Court said that, for now, the 2012 UGC regulations will continue to apply. The Court opined that there is complete vagueness in Regulation 3 (C) (which defines caste-based discrimination), and it can be misused. “The language needs to be re-modified,” the Court said.The Court noted that this raises an unexamined concern: if a Group A Scheduled Caste individual makes discriminatory or derogatory remarks against a Group B Scheduled Caste individual, has this aspect been adequately addressed under the 2026 framework?After 75 years of trying to make a caste-less society, whether the direction of policy-making is progressive or tending towards a regressive approach, it asked.The new regulations, introduced to curb caste-based discrimination in colleges and universities, require institutions to establish special committees and helplines to address complaints from students in the Scheduled Caste (SC), Scheduled Tribe (ST), and Other Backwards Classes (OBC) categories.Students, mostly from the general category, protested against regulations that promote discrimination on campuses rather than equality. The students noted that the regulation has no provision to address fraudulent complaints filed against General Category students

CJI Surya Kant remarked that trade unionism was largely responsible for stopping the industrial growth in the country.

New Delhi: The Supreme Court on Thursday orally observed that trade union leaders are largely responsible for stopping industrial growth in the country, and all traditional industries in the country, all because these 'jhanda' unions have been closed.A bench comprising Chief Justice of India Surya Kant and Justice Joymalya said it cannot issue a writ asking the Centre and states to consider amending existing laws.Senior advocate Raju Ramachandran appeared for the petitioner organisation. Raju also relied on a S...

New Delhi: The Supreme Court on Thursday orally observed that trade union leaders are largely responsible for stopping industrial growth in the country, and all traditional industries in the country, all because these 'jhanda' unions have been closed.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya said it cannot issue a writ asking the Centre and states to consider amending existing laws.

Senior advocate Raju Ramachandran appeared for the petitioner organisation. Raju also relied on a Supreme Court judgment dated January 29, 2025, where the court had highlighted the plight of domestic workers and noted repeated but unsuccessful legislative attempts to enact a comprehensive law.

Raju said that while some states have notified minimum wages for domestic workers, others have failed to do so, despite the nature of domestic employment remaining uniform across the country

During the hearing, the bench observed that when a minimum wage is enforced, these unions will ensure that every household is dragged into litigation. Raju said in Singapore, you cannot hire a domestic maid unless you register that person and provide weekly offs, wages, etc.

“Sometimes in our anxiety about reforms. In our anxiety to bring a non-discriminatory perspective through legislative means, it leads unwittingly to further exploitation. You fix a minimum wage. Look at the need for employment in this country….demand is far less as compared to the supply….you fix minimum wages, people will refuse to hire and this will further generate hardship”, observed the CJI.

Raju said these are workers’ unions, these are domestic workers’ unions registered under the Trade Union Act.

The CJI said, “How many industries in this country have been closed, thanks to these trade unions? Let us know the reality also”. He added that all traditional industries in this country have been closed because of these jhanda unions, and “they do not want to work, these are all trade union leaders. They are largely responsible for stopping the industrialization growth in this country”.

The CJI said, of course, the exploitation is there undoubtedly, but the means should have been different to stop that exploitation. “People should have been made aware of their individual rights. People should have been made skilled instead of using them as manual labour…”, observed the CJI.

Raju said let us not generalize and talk of larger issues, because collective bargaining is a valuable right.

Responding to the submission regarding collective bargaining, which the petitioners contended could address these concerns, Justice Bagchi noted that domestic workers are already covered under existing welfare frameworks.

“It is not as if there is no safety net. The Unorganised Workers’ Social Security Act does take care of several aspects,” he said, while acknowledging that the petitioner’s concerns were “well taken.”

The bench, while acknowledging the “plight” of millions of domestic help across the country, maintained that the judiciary cannot encroach upon the legislative domain to mandate the enactment of laws. The bench also red-flagged the role of employment agencies in the exploitation of workers.

After hearing detailed submissions, the bench refused to entertain a PIL seeking a comprehensive legal framework and enforcement of minimum wages for domestic workers.

The bench, in its order, said, “No enforceable decree or order can be passed unless the legislature is asked to enact a suitable law. Such a direction we are afraid ought not to be issued by this court.”

The bench asked petitioners, including Penn Thozhilalargal Sangam, a domestic workers’ union, to highlight the plight of domestic help to states and the Union to take a suitable decision in the matter.

“We observe that petitioners may continue to highlight the plight of domestic helps and impress upon the stakeholders to take a final call in relation thereto.. and the correspondence shows it is under active consideration by states and we are hopeful that a suitable mechanism shall be deployed for their help and to prevent exploitation,” the bench said while disposing of the PIL.

The petition sought, among other reliefs, recognition of non-payment of minimum wages to domestic workers as a violation of fundamental rights and enforcement of minimum wage regimes across States.

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