Allahabad HC Issues Notice To UP Govt On PIL Challenging Relaxation Of Labour Laws On Working Hours, Overtime, Etc. [Read Order]

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.

The notification exempts the application of the abovementioned provisions retrospectively, i.e. from April 20, and will remain in force till July 19, 2020.

As per the notification:

• 1)"No adult worker shall be allowed or required to work in a factory for more than twelve hours in any day and Seventy two hours in any week.
• 2)The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed six hours and that no worker shall work for more than six hours before he has had an interval for rest of at least half an hour.
• 3)Wages shall be in proportion of the existing wages. (e.g. If wages for eight hours are 80 Rupees, than proportionate wages for twelve hours will be 120 Rupees)."

Assailing the same, the UP Worker's Front, through Advocates Pranjal Shukla and Vinayak Mitthal has moved the High Court, stating that the same violates Constitutional values.

The matter was mentioned before the bench of Chief Justice Govind Mathur and Justice Siddhartha Varma, which has issued notices to the Government and has posted the matter for consideration on May 18.

Pertinently, the UP Govt has 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 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); CSC (for State)

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