An application under Article 32 of Constitution of India, in order to be instrumental in providing the reprieve to thousands of families who are on the verge of hunger and dying of hunger because of mismanagement in the system.
Hon’ble chief justice of India /companion judges
Supreme court of India, New Delhi, India
Subject-Article 21, constitution of India, right to livelihood but this right of large number of poor workmen was wholly eroded by concerned arbitrarily.
Most revered Sir –Your applicant invites the kind attention of Hon’ble Sir with due respect to following submissions as follows.
1-It is submitted before the Hon’ble Sir that please take a glance of affidavit submitted in the High court of judicature at Allahabad on behalf of BPL display devices limited workers union, Industrial area, Site IV, Plot No. 41/42 ,Sahibabad , Ghaziabad , Uttar Pradesh filed on 15-Sept-2008 through its secretary attached with this representation.
2-It is submitted before the Hon’ble Sir that since the employees/workers were not provided salary by employer since April 2007 consequently aforesaid workers union submitted representation before competent authority under “U.P. timely payment of wages act” for payment of dues from April 2007 onwards till August 2008. The claim of workers union was accepted by aforesaid competent authority and as subsequent proceedings, recovery certificates were issued.
3-It is submitted before the Hon’ble Sir that total dues required to be paid to workmen by the employer calculated as Rs.114242833.00. Hon’ble Sir may be pleased to take a glance of affidavit with annexure attached with this representation.
4-It is submitted before the Hon’ble Sir that as usual management of BPL display devices limited instead of paying aforesaid arrears of poor workmen preferred to file multiple writ petitions as Writ petition number 3162 of 2008, Writ petition number 3162 of 2008, Writ petition number 8059 of 2008, Writ petition number 8057 of 2008, Writ petition number 7064 of 2008, Writ petition number 27226 of 2008, Writ petition number 3235 of 2008, Writ petition number 28082 of 2008, Writ petition number 32475 of 2008 in the High Court of judicature at Allahabad. Here this question arises that whether multiple writs allowed in the same matter. Whether the precious time of court was not allowed to be wasted by rich people to deprive poor of their legitimate wages?
5-It is submitted before the Hon’ble Sir that please take a glance of order passed in High court of judicature at Allahabad on 21/10/2009 in Writ-C No.-3162 of 2008 by Hon’ble justice Shishir Kumar as follows-
Petitioner:-M/s B.P.L. display device limited.
Respondent:- Additional labour commissioner and others.
Heard learned counsel for the parties.
This writ petition has been filed against an order passed under section 3(1) of the U.P. Industrial peace (Timely payment of wages) Act, 1978 dated 28/11/2007 by which the petitioner has been directed to pay certain amount and it has further been directed that in case the amount has not been paid, it can be recovered.
This court entertained the writ petition and passed an order staying the recovery by its order dated 24/01/2008. Now after the exchange of counter and rejoinder affidavit, it has been submitted by the respondents that the company has been registered under the BIFR and matter is pending before the company court.
Shree V.M. Jaidi learned counsel for petitioner submits that now no recovery can be made against the petitioner in view of the fact that matter is pending before the company court and official liquidator is the in charge of the assets of the company. Now any recovery or any order is subject to the decision either to be complied by the official liquidator or by the decision of company court.
Learned counsel for the respondents submits that in view of the aforesaid facts, he has got the instruction to this effect that they will not press the recovery in pursuance of the order impugned passed by the labour Court and they have already submitted their claim before the company court.
In view of the aforesaid fact and statement given by the respondents, as respondents will not press for the recovery on the basis of order dated 28/11/2007, it is not necessary to pass any order on the merit of present writ petition. Accordingly the writ petition is disposed off. Interim order is hereby discharged.
No order is passed as to costs.
6-It is submitted before the Hon’ble Sir that undoubtedly unfair proceedings full of technical defects can’t be allowed but in the name of technical defect no one can be deprived from right to justice. Undoubtedly poor workers/employers can’t pursue legal proceedings in higher courts and apex court of India because their economic conditions are miserable and doesn’t allow them to hire costly advocates practising in such courts. Hon’ble Sir, whether poor workmen have got justice after nine years whose families on the verge hunger and few died because of hunger.
7-It is submitted before the Hon’ble Sir that in any organized society, right to live as a human being is not ensured by meeting only the animal needs of man. It is secured only when he is assured of all facilities to develop himself and is freed from restrictions which inhibit his growth. All human rights are designed to achieve this object. Right to live be guaranteed in any civilized society implies the right to food, water, decent environment, education, medical care and shelter. The word ‘life’ as employed by Article 21 takes in its sweep not only the concept of mere physical existence by also all finer values of life including the right to work and right to livelihood. This right is a fundamental right guaranteed to all persons residing in India, citizens and non-citizens alike. right to life including right to livelihood and work as guaranteed by Article 21 is not reduced to a mere paper platitude but is kept alive, vibrant and pulsating so that the country can effectively march towards the avowed goal of establishment of an egalitarian society as envisaged by the founding fathers while enacting the Constitution of India along with its Preamble.
8-It is submitted before the Hon’ble Sir that Article 21 is one of the prime Articles comprised in Part III of the Constitution of India dealing with fundamental rights. Fundamental rights listed in Part III are enforceable against State as defined by Article 12 of the Constitution of India. State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the government of India. As laid down by Article 13 laws inconsistent with or in derogation of fundamental rights to the extent of such inconsistency or derogation are treated to be void. The State is also enjoined not to make any law which takes away or abridges the rights conferred by Part III of the Constitution of India and any law made in contravention of Article 13 shall, to the extent of the contravention, be void. So far as Article 21 is concerned it lays down that no person shall be deprived of his life or personal liberty except according to procedure established by law. The moot question is what is the correct connotation of the word ‘life’ as encompassed by the said Article? Will it include right to livelihood or right to work or will it connote only bare physical existence? In this connection it is profitable to keep in view the pertinent observations made by learned author Justice B. L. Hansaria in the Introduction to his book: “The fundamental right to life which Article 21 deals with is the most precious human right and ‘forms the arc of all other rights’.
- Software Development, Electronic Data Processing System, Data Communication System, Hardware, Software, Networking, Internet, e-Commerce related business work and activities.
- Business work in the field of Information Technology and its allied services, such as Value Added Information Technology Services, Software Product, e- Business etc.
- e- Governance to meet out the target of ‘Smart State’ of the State Government.
- To provide I.T. consultancy for successful execution of IT related Projects of different Government Departments.
- Nodal Agency for e-Procurement.
- To provide Computer Training to the officers and employees of different Government Departments.
SUBSIDIARY COMPANIES OF THE CORPORTION
1. Uptron Powertronics Limited, Sahibabad, Ghaziabad.
9-It is submitted before the Hon’ble Sir that the holding company of UCPTL (Uptron colour picture tube limited) is U.P. Electronics Corporation which was the promoter of UCPTL most surprising that UCPTL was declared sick company because it suffered huge loss in the hand of its incompetent managing body. As usual because of mismanagement, most of state units of government of Uttar Praesh are suffering huge losses and latter sold to private partners at nominal prices. Aforesaid unit was also sold to B.P.L. i.e. BPL display devices limited , Industrial area, Site IV, Plot No. 41/42 ,Sahibabad , Ghaziabad , Uttar Pradesh.
10-It is submitted before the Hon’ble Sir that whether state government promoted unit intended to safeguard the interests of its working class when sick unit was sold to B.P.L. Now this question arises that who are most losers in such corrupt transfer of properties? Why the BPL display devices limited, Industrial area, Site IV, Plot No. 41/42 , Sahibabad , Ghaziabad , Uttar Pradesh closed it profit running company without paying due care to interest of poor working class of company?
This is a humble request of your applicant to you Hon’ble Sir that how can it be justified to withhold public services arbitrarily and promote anarchy, lawlessness and chaos in an arbitrary manner by making the mockery of law of land? There is need of hour to take harsh steps against the wrongdoer in order to win the confidence of citizenry and strengthen the democratic values for healthy and prosperous democracy. For this, your applicant shall ever pray you, Hon’ble Sir. Yours sincerely
Yogi M. P. Singh, Mobile number-7379105911, Mohalla- Surekapuram, Jabalpur Road, District-Mirzapur, Uttar Pradesh, Pin code-231001.