Allahabad High Court
Rani Ahilya Bai Holker Sahkari Awas ... vs State Of U.P. And 7 Others on 10 September, 2024
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:147743-DB Court No. - 29 Case :- WRIT - C No. - 25476 of 2024 Petitioner :- Rani Ahilya Bai Holker Sahkari Awas Samiti Ltd And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Anjum Vishakarma,Arun Vikram Counsel for Respondent :- Abhinava Krishna Srivastava,Anand Prakash Paul,C.S.C.,Pradeep Kumar Tripathi Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioners; learned Standing Counsel for the State respondents, Shri Pradeep Kumar Tripathi, learned counsel for Kanpur Development Authority and Shri Sanjit Kumar Dubey, Advocate holding brief of Shri Abhinava Krishna Srivastava, learned counsel for Nagar Nigam, Kanpur Nagar.
2. Present writ petition is preferred with the prayer to command the opposite parties to issue letter for deposition of registration fees or amount regarding allotment of plots to the members of the Society, who are unorganized labour under the notification dated 11.09.2018 and also direct the opposite parties to issue identity card in the light of judgement and order dated 21.08.2018 passed by Hon'ble Supreme Court in S.L.P. No.150/2012 (Shram Jivi Mahila Samiti vs. Rashtriya Rajdhani Chetra Delhi).
3. The instant matter was entertained on 06.08.2024 and learned Additional Chief Standing Counsel was directed to obtain instructions in the matter. For ready reference, the order dated 06.08.2024 is reproduced as under:-
"1. Learned counsel for the petitioners states that members of petitioner No.1-Society belong to the weaker section of society, and relief has been sought in light of the judgment and order dated 21.08.2018 passed by the Apex Court in Special Leave to Appeal (Crl.) NO.150 of 2012 (Shramjeevi Mahila Samiti vs. State of NCT of Delhi and others), which is reproduced below:
"Mr. Vinod Kumar, Director, Ministry of Labour and Employment and Mr. Ajit Kumar Dung Dung, Under Secretary, RSBY, are present before this Court.
The Ministry of Labour and Employment is now involved in the process of finalizing a registration module for unorganized workers and after the security audit it will be made ready by the end of December, 2018. It is submitted that thereafter it will be made available to the States/Union Territories for further process of registration and issuance of paper identity cards. We direct the Chief Secretary of all the States and Administrators of all the Union Territories to start registering 10% of the estimated number of workers every month starting from the month of January, 2019 and submit a Report to this Court by 31.01.2019.
Needless to say that the Ministry will make available the module to all the States and Union Territories for the purpose of registration by the last week of December, 2018. List on the first working day of February, 2019."
2. Sri Pradeep Kumar Tripati, learned counsel for respondent Nos. 2 to 4 - Kanpur Development Authority, states that firstly, laborers in the unorganized sector must be enrolled and issued proper identity cards, and only thereafter, in light of the aforesaid judgment, the relief can be sought before the concerned authority. In the absence of any adequate certificate, the relief cannot be extended.
3. Before proceeding further in the matter, let Sri Devesh Vikram, learned Additional Chief Standing Counsel for the State-respondents obtain instructions in the matter. On his request, the matter is adjourned.
4. Put up this matter again as fresh on 21.08.2024."
4. In response thereof, learned Standing Counsel placed detailed instructions sent by the Additional Labour Commissioner, Uttar Pradesh dated 06.09.2024. The same is taken on record. He states that in view of the judgement and order dated 21.08.2018 passed by the Hon'ble Supreme Court in Special Leave to Appeal No.150/2012 it is decided to commence the process for registration of each labour of unorganised sector in view of Section 10(3) of the Unorganised Worker Social Security Act 2008 on the E-Portal and thereafter the actual benefit may also be extended to them in view of Central sponsored scheme.
5. On the other hand, Shri Pradeep Kumar Tripathi, learned counsel for the Kanpur Development Authority has also placed detailed instruction, which is taken on record. On the strength of averment contained in the instructions, he submits that each and every member of the Society can apply for benefit under the said scheme and needful would be done by the Authority in accordance with law.
6. Once categorical instructions have been placed to the effect that process is on for registration of each and every labour of unorganised sector and thereafter benefit would be extended to them, we are not inclined to issue any direction in the matter. Needless to say that petitioners are at liberty to avail the benefit under the Central Sponsored Scheme in accordance with law.
7. The writ petition is disposed of.
Order Date :- 10.9.2024 A. Pandey