Court No. - 28
Case :- WRIT - A No. - 2967 of 2019 Petitioner :- Hari Prakash Dixit And 75 Others Respondent :- State Of U.P. Through Principal Secretary Establishment And Industrial Development, And 2 Others Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh,Rajesh Tewari
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Uma Nath Pandey, learned Counsel for the petitioners, learned Standing Counsel for the respondent no.1, Sri Kaushalendra Nath Singh, learned Counsel for the respondent no.2 and Sri Rajesh Tiwari, learned Counsel for the respondent no.3.
The petitioners who are 76 in numbers claim to be the employees of the New Okhala Industrial Development Authority (NOIDA). They claim the benefit of Employees State Insurance Act, 1948 since 2004 as well as for extending benefit of provident fund.
Sri Pandey, leaned Counsel for the petitioners has invited the attention of the Court to a letter dated 19.3.2018 appended as Annexure 16 at Page 167 of the paper book written by the Finance Controller stating that the matter regarding the payment of a premium of EPF and ESI is being done by the authority.
Per contra, Sri Kaushalendra Nath Singh, appearing for the respondent-authority submits that they are not employees of the Corporation but are the employees of the service provider. He also invited the attention of the Court to the order dated 30.5.2015 passed by the Civil Judge (Sr. D), Ghaziabad whereby it has been held that the employees of the contractor are not the employees of the authorities.
Sri Rajesh Tiwari appearing for respondent no.3 submits that the benefit has been extended to many of the employees and the premium has to be paid by the Principal employer.
As the sole prayer has been made in regard to the direction to the respondent no.2 to decide the pending representation dated 24.12.2018.
In veiw of the above, respondent no.2 is directed to decide the representation in accordance with law within three months from the date of production of certified copy of this order after affording opportunity to the petitioners who shall appear before the concerned authority through their representative.
In view of the above, the writ petition stands disposed of. Order Date :- 25.2.2019 S. Singh