SANYUKT SWASTHYA OUTSOURCING Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anay Kumar Srivastava, learned counsel for the petitioner, Sri Manish Goel, Addl. Advocate General, assisted by Smt. Subhash Rathi, learned Addl. Chief Standing Counsel for the State-respondent, Sri M.C. Chaturvedi, learned Senior Advocate, assisted by Sri Pradeep Kumar Tripathi, appearing for Respondent no.5.

(2.) Alleging disparity and differential treatment, the petitioner, who claims itself to be the registered union of unorganized sector has filed the present petition under Article 226 of the Constitution of India seeking the following reliefs:

(3.) The factual matrix as worded in the writ petition is that the petitioner being Sanyukt Swasthya Outsourcing / Samvida Karmchari Sangh, U.P. Lucknow, claims itself to be a union of contractual employees registered under the provisions contained under The Trade Union Act, 1926 Kanpur, Uttar Pradesh. According to the petitioner, State of Uttar Pradesh came up with a policy decision in the shape of Government Order dated 31.12.2015 addressed to the Director General, Medical Health Services, U.P. at Lucknow providing for outsourcing of the manpower on contractual basis from Respondent no.7 being Avani Paridhi Energy and Communications Private Limited and M/s Rama InfoTech Private Limited, Fazalganj, Kanpur. In continuation of the Government Order dated 31.12.2015, on 28.3.2018, another Government Order was issued, whereby the applicability of the Government Order dated 31.12.2015 was extended for a further period of 6 months. Eventually, the application of the Government Order dated 31.12.2015 for the purposes of procurement of manpower through outsourcing was extended on 5.11.2018, 31.12.2018 and 8.3.2019.