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TMI Blog2018 (11) TMI 889X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication is allowed. 3. The State Government was directed to apprise the Court on the following aspects vide order dated 29.08.2018:- "i. Whether there is any scheme in contemplation for regularizing the services of the persons employed through UPNL and other agencies. ii. Whether the persons engaged through UPNL are only paid fixed salary or they are paid Dearness Allowance also taking into consideration the inflationary trends. iii. Whether the State Government has ever upgraded their honorarium/salary component from time to time as per the labour index. iv. The State Government is also directed to give exact number of persons employed/deployed through UPNL in various departments of the State in a tabular form and what is the basic pay/salary structure of the persons appointed through UPNL vis-à-vis their regularly appointed counterparts in the government department. v. The State Government is further directed to give the date of engagement of every employee/workman through UPNL in a tabular form. vi. The State Government and UPNL are directed to ensure that no displeasure is shown to any person or employee in highlighting the difficulties faced by them." ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et the requirements of Principal Employer. 11. Thus, it is evident that it is only when suitable Ex-servicemen/their dependants are not available, then the employment could be provided to others to meet the requirements of Principal Employer. 12. The main object of the company is also to provide financial assistance to the ex-servicemen, their dependants, family members of ex-servicemen including imparting them necessary training. 13. The Contract Labour Abolition and Contract Act, 1970 was in force in the State of Uttar Pradesh. The same is also now in force in the State of Uttarakhand. The State of Uttarakhand has also framed "Uttarakhand Contract Labour (Regulation and Abolition) Rules, 2003." The State Government has appointed Registering Officers from time to time and presently Registering Officers have been appointed vide Government Order dated 24.05.2017. The State Government has appointed Licensing Officer under Section 11 of the Act vide Government Order date 24.05.2017. 14. The provisions of Contract Labour (Regulation and Abolition) Act, 1970 is applicable to the establishment or the contractor who employs more than 20 workmen on any day of the preceding 12 months as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 of the Constitution of India. The employees working through agency of UPNL, deployed by the State Government and local bodies are entitled to at least minimum of pay-scale, which is being paid to their counterparts on the principle of "Equal Pay for Equal Work." The employees sponsored through UPNL are working without being regularized for decades together. It amounts to begaar. 24. The State Government while filing the affidavit has overlooked Section 2(i)(iv) and 2(z) of the Industrial Disputes Act, 1947. 25. In AIR 1964 SC 355, in the case of "M/s Basti Sugar Mills Ltd. vs. Ram Ujagar & others", the Constitution Bench of Hon'ble Supreme Court has held as under:- "6. Section 2(i) of the Act contains an inclusive definition of employer. The effect of sub-clause (iv) of Section 2(i) is that where the owner of any industry in the course of or for the purpose of conducting the industry contracts with any person for the execution by or under such person of the whole or any part of any work which is ordinarily a part of the industry, the owner of such industry is an employer within the meaning of the Act. Mr Pathak's suggestion that the effect of this definition is that the owner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent through UPNL is a sham. The Principal Employer is State Government. 27. In 1985 (3) SCC 545, in the case of "Olga Tellis vs. Bombay Municipal Corp.", their Lordships of the Hon'ble Supreme Court have held as under:- "40. Just as a mala fide act has no existence in the eye of law, even so, unreasonableness vitiates law and procedure alike. It is therefore essential that the procedure prescribed by law for depriving a person of his fundamental right, in this case the right to life, must conform to the norms of justice and fair play. Procedure, which is unjust or unfair in the circumstances of a case, attracts the vice of unreasonableness, thereby vitiating the law which prescribes that procedure and consequently, the action taken under it. Any action taken by a public authority which is invested with statutory powers has, therefore, to be tested by the application of two standards: the action must be within the scope of the authority conferred by law and secondly, it must be reasonable. If any action, within the scope of the authority conferred by law, is found to be unreasonable, it must mean that the procedure established by law under which that action is taken is itself unre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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