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As UP Govt Withdraws Dilution Of Labour Laws, Allahabad HC Disposes PIL As 'Infructuous' [Read Order]

Akshita Saxena
19 May 2020 11:08 AM GMT
As UP Govt Withdraws Dilution Of Labour Laws, Allahabad HC Disposes PIL As Infructuous [Read Order]
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The Allahabad High Court on Tuesday disposed of a PIL challenging the UP Government's order for relaxation of certain labour regulations concerning working hours, rest periods and overtime laws in the state, as infructuous.

The petition was disposed of after the Government informed the Court that the impugned notification dated May 8, 2020 had been withdrawn.

"It is submitted by learned Additional Advocate General, learned Chief Standing Counsel and Sri S.K. Rai, learned Standing Counsel for Union of India-respondent no.1 that the notification impugned has already been withdrawn by the State and as such this petition for writ has become infructuous.

In view of the fact mentioned above, this petition for writ is dismissed as becoming infructuous," the bench of Chief Justice Govind Mathur and Justice Siddhartha Varma has ordered.

On May 8, 2020, the UP Government had issued a notification relaxing the provisions relating to working hours, overtime, intervals for rest, etc. as stipulated under Sections 51, 54, 56 and 59 of the Factories Act, until July 19, 2020. As per that notification, Factories were permitted to employ their labour/ workers for 12 hours a day, instead of 8 hours as stipulated under the Act.

Assailing the same, the UP Worker's Front, through Advocates Pranjal Shukla and Vinayak Mitthal had moved the High Court, stating that the same violates Constitutional values. The Court had thereby issued notice to the Government and posted the matter for consideration on May 18.

Subsequently however, on May 15, 2020, Chief Secretary to the State informed that the impugned notification stands withdrawn.

Pertinently, the UP Govt had also cleared the Uttar Pradesh Temporary Exemption from Certain Labour Laws Ordinance, 2020, exempting factories and other manufacturing establishments in the state from the obligations contained under various labour laws, for a period of three years.

As per the ordinance, which is pending Presidential assent, only the following provisions of labour laws will remain in force:

  • (i)Provisions of Factories Act, 1948 and Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 relating to safety and security of the workers;
  • (ii)Provisions of the Bonded Labour System (Abolition) Act, 1976;
  • (iii)Provisions of various labour laws relating to employment of children and women;
  • (iv)Section 5 of the Payment of Wages Act, 1936, relating to timely payment of wages.

Case Details:

Case Title: Uttar Pradesh Worker Front v. Union Of India & Anr.

Case No.: PIL 579/2020

Quorum: Chief Justice Govind Mathur and Justice Siddhartha Varma

Appearance: Advocates Pranjal Shukla and Vinayak Mitthal (for Petitioner); AAG, CSC and Standing Counsel for Union of India, Advocate SK Rai (for State)

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