JUDGMENT

Per: Hon'ble Rajiv Sharma, J.

Uttarakhand UPNL Savinda Karamchari Sangh through its General Secretary has filed Impleadment Application No.16484 of 2018 highlighting therein the exploitation of the workmen by the State Government as well as local bodies. It is stated in the application that though, the workmen are being paid the honorarium of Rs.8,400/-, however, the GST @18% and 2.5% Service Tax are also deducted from their salary. It is also highlighted that the administrative, disciplinary and financial control on each and every employee is of the establishment, in which, they are working. They are discharging the same duties which are being discharged by their counterparts. There is only a meager increase in their honorarium from time to time.

2. In view of the aforesaid facts, the impleadment application 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."

4. In sequel to the directions issued by this Court, the State Government has filed the comprehensive affidavit. According to the averments made in the affidavit, the employees have been engaged in the various Government Departments and other institutions/corporations/local bodies etc. through outsource. The Government of Uttarakhand issued G.O. dated 12.06.2013 by which after fixing the categories of the officers/personnel, the honorarium was also fixed for the employees engaged through outsourcing. The honorarium of the personnel sponsored through UPNL was revised on 10.05.2018. The honorarium has been increased to Rs.8,400/-.

5. A copy of Memorandum and Articles of Association was placed on record by learned Amicus Curiae for the petitioners.

6. On 09.06.2016 and 05.07.2016, the Government has taken a decision to sponsor the Ex-Army personnel and their dependants through UPNL only.

7. To the queries raised by the Court, it is stated that the persons engage through UPNL on honorarium basis and who are working in different departments of the State Government and State Government undertakings, the government has not made any plan or scheme to regularize them. The persons sponsored through UPNL are being paid the fixed salary and apart from that they are not being given any dearness allowance. The salary/honorarium of the persons engaged through UPNL has been revised from time to time.

8. In Garhwal Region, total 12118 persons (unskilled, semi-skilled, skilled, highly skilled and officers) are engaged through UPNL, whereas in Kumaon Region 5953 (unskilled, semi-skilled, skilled, highly skilled and officers) have been engaged through UPNL.

9. The Cabinet in its meeting held on 20.09.2018 has discussed the matter and decided that the matter is covered by the judgment of Hon'ble Supreme Court rendered in the case of “State of Karnataka vs. Uma Devi." Thus, the persons engaged through UPNL cannot be regularized.

10. It would be apt at this stage to take into consideration the Memorandum an