C.R. Jaya Sukin vs Union Of India & Ors
2019 Latest Caselaw 5243 Del

$~30
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                         Date of Decision: 30th October, 2019
+      W.P.(C) 11447/2019
       C.R. JAYA SUKIN                                     ..... Petitioner
                      Through:           None

                          versus

       UNION OF INDIA & ORS                        ..... Respondents
                     Through: Mr. Sushil Kumar Pandey, Sr. Panel
                     Counsel with Ms. Vinny Shangloo, GP &
                     Mr.Rishabh Relan, Adv. for R-1
                     Mr. Sanjoy Ghose, ASG for GNCTD/ R-2 & R-3
                     Mr. D.P. Mohanty & Ms. Sonal Gupta, Advs. for
                     R-4

       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR
                                    JUDGMENT

D.N. PATEL, Chief Justice (Oral)

CM APPL. 47054/2019 (Exemption) Allowed, subject to all just exceptions. Application stands disposed of.

W.P.(C) 11447/2019

1. When the matter is called out nobody appears for the petitioner.

2. We have heard the learned counsel appearing for respondent Nos.1 to

4. They have submitted that this matter pertains to grant of wages to the casual labourers in 3 and 5 star hotels as prayed for in the memo of writ petition.

3. It is further submitted by the counsel for the respondents that there are already several Acts in existence like Payment of Wages Act, 1930, Minimum Wages Act, 1948 as well as Bonded Labour System (Abolition) Act, 1976 coupled with the provisions under Article 23 of the Constitution of India to safeguard the interest of the labourers and hence, there is no need for further directions to be given to the respondents in this regard. It is also submitted by counsel for the respondents that as and when any violation of the law is pointed out by any person giving specific detail about the facts of the case, care can be taken under the aforesaid Acts.

4. Having heard the counsel for respondents and looking into the facts of the case that this is a Public Interest Litigation preferred with the following prayers:

"A) Ensure casual labourers wages in 5 & 3 star hotels, restaurants, caterings, banquet halls. Bar, and Resorts throughout Delhi.

B) Attach all belongings of fraudsters those who did not pay casual labourers wages and taken money from them."

5. Having heard the counsel for respondents and looking to the facts and circumstances of the case, we see no reason to give any direction to the respondents mainly for the reasons that:

(a) There are already in existence Payment of Wages Act, 1930, Minimum Wages Act, 1948 and Bonded Labour System (Abolition) Act, 1976.

(b) Looking to the aforesaid Acts and the provisions thereof to be read with the provisions of the Constitution of India, especially, Article 23 thereof, there is no need to give further directions for ensuring wages to the casual labourers. If violation of the law

is pointed out by any aggrieved person, looking to the facts of the case, action can always be initiated under the aforesaid Acts.

(c) Moreover, no specific instances have been pointed out in this writ petition. As and when specific allegations with proper averments are raised for violation of the law in respect of any casual labourer, the action can be initiated otherwise there cannot be a lump sum or general directions for initiation of action against anyone.

6. With these observations, this writ petition is disposed of. CM No. 47053/2019

7. In view of the final order passed in W.P.(C) 11447/2019, this application stands disposed of.

CHIEF JUSTICE

C.HARI SHANKAR, J

OCTOBER 30, 2019 ns