Allahabad High Court
Durgesh Kumar And 25 Others vs State Of U P And 8 Others on 18 July, 2022
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- WRIT - A No. - 6929 of 2022 Petitioner :- Durgesh Kumar And 25 Others Respondent :- State Of U P And 8 Others Counsel for Petitioner :- Dharmendra Kumar Srivastava,Hari Prakash Mishra Counsel for Respondent :- C.S.C.,Abhinav Ojha,Pradeep Kumar Tripathi,Ravikant Tiwari Hon'ble Mrs. Sangeeta Chandra,J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for the State and Sri Pradeep Kumar Tripathi, learned counsel for the respondent no.3.
2. Learned counsel for the petitioners has pointed out the order passed by this Court on 20.05.2022.
3. Learned counsel for the petitioners has informed that the Division Bench has delivered its judgment on 27.05.2022 in Sanyukt Swasthya Outsourcing; Samvida Karmchari Sangh Vs. State of U.P. and 79 others, wherein the Respondents-State of U.P. and its instrumentality have been directed to strictly adhere to and comply with the Government Order dated 07.12.2021, 05.04.2022 and 26.04.2022. A further direction has been issued that the question of raising of minimum wages and grant of other benefits may also be considered for outsourcing employees and that appropriate Government Orders be issued containing working condition so as to maintain uniformity in payment of remuneration/ honorarium in all the Departments of the State of U.P. and that if and when such orders/ notifications are issued, they be uploaded on the Government website so they are accessible to the general public. Also the respondents should comply with the conditions mentioned in the Code on Wages 2019 (Act No.29 of 2019) promulgated by the Parliament of India.
4. This Court has carefully perused the copy of the judgement as has been provided by the learned counsel appearing for the petitioners. From the same, it is evident that Union of Outsourcing Employees had come before this Court challenging tenders issued inviting application from outsourcing agencies for providing manpower on contractual basis. It was averred by the petitioners that guidelines issued by the Government for purchasing manpower through outsourcing agencies and for introducing Government e-market place developed by Government of India were not being followed in the State of U.P.
5. The Judgement rendered by the Division Bench has apparently no concern with the dispute raised by the petitioners in this petition.
6. It has been submitted that since they are employees of the outsourcing agency, they could not have been terminated directly by the Principal, State Medical College, Etah. They have placed reliance upon four-members Committee's Report/ Minutes of the Meeting of four officers, all belonging to District Hospital Etah, recommending disbursal of honorarium/ contractual wages of Class III and Class IV employees with effect from 01.10.2021 to 31.03.2022, if their working is verified.
7. This Court has gone through the Letter of Contract/ Employees' Copy issued by the Awani Paradhi Energy and Communications (P) Ltd, Sarojani Naidu Marg Lucknow, which is the service provider through which the petitioners have been engaged. It is evident that petitioners are contractual employee of the service provider and the service provider has entered into the contract with the Department for providing Class III and Class IV employees to perform certain duties as required in the establishment of respondents. As such if any disengagement had to be made, it could have been made by the service provider.
8. The order dated 31.03.2022 is set aside, leaving it open for the respondents to ask the Service Provider to take appropriate action with regard to petitioners.
9. The writ petition stands disposed of.
Order Date :- 18.7.2022 Rahul