JUDGMENT : Vikas Budhwar, J. 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: "(a) Issue a writ, order or direction in the nature of Certiorari quashing all the tenders issued by respondent nos. 9 to 80 in violation of G.O. dated 07.12.2020 and 23.04.2020. (b) Issue a writ, order or direction in the nature of Certiorari 10 quashing the order dated 24.11.2020 passed by respondent no. 6. (c) Issue a writ, order or direction in the nature of Mandamus directing all the respondents to follow the Government orders and not to issue tenders in violation of G.O. dated 23.04.2020. (d) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to provide similar honorarium/payment to all the employees and do away with the anomalies in payment for the employees of the same rank and work. (e) Issue a writ, order or direction in the nature of Mandamus to not to interrupt the continuity of already working employees in terms of G.O. dated 18.12.2019 and 18.08.2020 and 25.08.2020. (f) Issue any other writ, order or direction which this Hon'ble Court may deem fit and Circumstances of the case. (g) award the cost of the petition to the petitioner." 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. 4. Ministry of Commerce and Industry, Government of India, with the objective to create an open and transparent procurement platform for Government buyers created an online platform for public procurement in India by the name and nomenclature of Government India e-Market Place (GeM). 5. The above noted online platform was created to facilitate online procurement of goods and services. Further the purchases through GeM portal by Government users had been authorized and made mandatory by the Ministry of Finance by adding a new Rule no. 149 in the General Financial Rules, 2017. The said initiative was launched on 9.8.2016 by the Ministry of Commerce and the Industry, Government of India with the prime object to increase transparency, efficiency, speed in public procurement. Though the online platform (GeM Portal) was launched on 9.11.2016 by the Ministry of Commerce and Industry, Government of India, however, State of Uttar Pradesh by virtue of the Government Order no. 8/2019/20/1/91Ka-2/2019 dated 18.12.2019 came up with a policy decision that for the purposes of procurement of manpower through outsourcing and the same would be done by virtue of the online platform being Government e-Market Place (GeM). However, due to the sudden surge of the pandemic relating to COVID-19, the same could not be implemented and accordingly on 23.4.2020, a clarification was issued by the Respondent no.1, whereby the applicability and the procurement of the manpower through outsourcing by online mode through GeM Portal was deferred. On 18.8.2020, the State of Uttar Pradesh issued a Government Order addressed to all the Additional Chief Secretaries / Principal Secretaries / Secretaries, U.P. Shashan and all the District Magistrates posted throughout the State of U.P. coming up with a policy that the Government Order dated 18.12.2019 providing for outsourcing of the manpower through GeM Portal is being implemented forthwith. On 18.8.2020, the State of Uttar Pradesh issued a Government Order addressed to all the Additional Chief Secretaries / Principal Secretaries / Secretaries, U.P. Shashan and all the District Magistrates posted throughout the State of U.P. coming up with a policy that the Government Order dated 18.12.2019 providing for outsourcing of the manpower through GeM Portal is being implemented forthwith. Thereafter, on 25.8.2020, another Government Order was issued by the State of Uttar Pradesh, whereby for purchases of goods and services of the Government Departments and its subsidiary, use of GeM Portal had been made mandatory and the Government Order dated 18.12.2019 was directed to be implemented strictly. Thereafter, on 25.8.2020, another Government Order was issued by the State of Uttar Pradesh, whereby for purchases of goods and services of the Government Departments and its subsidiary, use of GeM Portal had been made mandatory and the Government Order dated 18.12.2019 was directed to be implemented strictly. The relevant extract of Clause-2(4), (5), Clause 3(6), (7) and Clause 6 are being quoted herein-under: ^^2-------- 4- mDr 'kklukns'k ds ÁLrj&3¼4½ ds vuqlkj tse ds ek/;e ls gh vkmVlksflZax dehZ ysus dh vfuok;Zrk fd;s tkus ls orZeku esa dk;Z dj jgs dfeZ;ksa dh fujUrjrk ckf/kr ugha dh tk;sxhA orZeku esa dk;Z dj jgs vkmVlkslZ dkfeZ;ksa dks gh tSe iksVZy }kjk p;fur lsokÁnkrkvksa }kjk j[kk tk;sxkA bl gsrq dk;Zjr deZpkfj;ksa dh lsok ds lEcU/k esa larq"V Áek.k i= Øsrk foHkkx }kjk lsokÁnkrk dks miyC/k djk;k tk;sxkA dsoy uohu dfeZ;ksa dk p;u lsok;kstu iksVZy ls gh vfuok;Z :i ls fd;k tk;sxkA 5- mDr 'kklukns'k ds ÁLrj&4 ¼1½ ds vuqlkj dkfeZdksa dks foyEc ls Hkqxrku dks jksdus ds fy, Øsrk foHkkx }kjk vkmVlksflZax ,tsUlh dks miyC/k djk;h x;h /kujkf'k ij 18 Áfr'kr C;kt o isukYVh yxk;h tk;sxhA** ^^3-------- 6- fdlh Hkh foHkkx }kjk fdlh xq.kkoRrkiw.kZ lsok ds fy;s dfeZ;ksa dks fdruk ekuns; ns; gksxkA bldk fu.kZ; lacaf/kr foHkkx] fofHkUu lqlaxr foRrh; fu;eksa ds vuq:i ,oa Je foHkkx ds U;wure ostst ds vuqlkj djsxk] tks fd orZeku esa dkfeZdksa dks ÁkIr gks jgs ekuns; ls de vuqeU; ugha gksxkA Je lafonk fu;ekoyh lIrkfgd] jktdh; ekr`Ro vkfn vodk'k ,oa dk;Z ds ?k.Vs tSls fu;eksa dk vuqikyu djkus dh ftEesnkjh Øsrk foHkkx dh gksxhA 7- lsok Ánkrk }kjk bZih,Q] bZ,lvkbZ ,oa th,lVh vkfn dh dVkSrh lfoZl yhxsy ,xzhesUV ds vuqlkj dh tk;sxh] Øsrk foHkkx }kjk bldk vuqikyu lqfuf'pr djk;k tk;sxkA** ^^6- tse iksVZy ls lsok Ø; djus dh ÁfØ;k iw.kZ djus esa de ls de 15 fnu dk le; yxrk gSA lEcfU/kr foHkkx lsok dh vko';drkuqlkj ;g lqfuf'pr djsxs fd orZrku esa py jgs vuqca/k lekIr gksus ds de ls de ,d ekg iwoZ gh eSuikoj lsok Ø; dh tse iksVZy ij ÁfØ;k ÁkjEHk dj nsaxs] rkfd 'kkldh; dk;Z esa O;o/kku mRiUu u gksA lsok Ø; djus okys foHkkx dks iwoZ esa 'kklukns'k la[;k&11@2017@523@18&2&2017 970 30½@2016 fnukad 23-08-2017 ds ek/;e ls Li"V fd;k tk pqdk gS fd muds }kjk viuh vko';drkvksa dks tksu] e.My] tuin vFkok fdlh vU; oxhZdj.k ds vk/kkj ij VqdM+ksa esa ugha fy;k tk;sxk] vfHkÁk; ;g gS fd Øsrk foHkkx dks ftu dfeZdksa dh vko';drk gksxh mudks tse iksVZy ds ek/;e ls ,d gh fcM dh tk;sxh] ftlls lqn`ढ ,oa l{ke lsok Ánkrk dk p;u gks ldsA** 6. Thereafter on 7.12.2020, another Government Order was issued stipulating the modalities for procurement of manpower through sealed bids. Clause 3(i), (ii) of the said order are quoted herein-under: ^^3- tSe iksVZy ls eSuikoj vkiwfrZ ds laca/k esa mi;qDr 'kklukns'k esa mfYyf[kr O;oLFkk ls fopyu dnkfi u fd;k tk;s vkSj fuEufyf[kr fcUnqvksa ij fo'ks"k /;ku nsrs gq;s iw.kZ ikjnf'kZrk cjrh tk; %& ¼1½ foHkkx }kjk viuh vkmVlksflZax ekuo lalk/ku dh ldy vko';drksa dks fpfUgr dj tse iksVZy dh ^^cUp fufonk** fof/k ls ,d gh fufonk }kjk dh tk;] ftlls l{ke lsokÁnkrk dk p;u gks ldsA ¼2½ bZŒ,eŒMhŒ dk fu/kkZj.k 'kklukns'k fnukad 28-08-2020 esa nh x;h O;oLFkk ds vuqlkj fd;k tk; vkSj blesa fdlh Ádkj dh NwV ;k f'kf'kyrk md`r 'kklukns'k dh O;oLFkk ds foijhr u nh tk;A bZŒ,eŒMhŒ@,QŒMhŒvkjŒ tek djus ds laca/k esa vkbZŒVhŒ ,oa bysDVªfuDl foHkkx ds 'kklukns'k la[;k&1@2018@3070@78&2&2018@42 vkbZŒVhŒ@2017 ¼22½] fnukad 03-01-2018 fuxZr gSaA blesa mfYyf[kr O;oLFkk ds vuqlkj gh dk;Zokgh dh tk;A** 7. Petitioner herein alleging non-adherence of the Government Order issued from time to time in the matter of procurement of manpower through outsourcing had filed the above noted writ petition with the following grievances: (a) Despite specific stipulation contained in the Government Order dated 18.12.2019, as followed from time to time and the Government Order dated 7.12.2020 providing that the procurement of the manpower through outsourcing is to be resorted to by a single integrated tender for the entire State of Uttar Pradesh and not either district-wise or cluster-wise, the online tenders are being floated through GeM portal either district-wise or cluster-wise, resulting in disparity between outsourced employees in one district vis-a-vis others in the matter of honorarium and working condition. (b) Government Order so issued on 18.12.2019 as followed on 25.8.2020 provides for non-interruption of their engagement, then too without there being any deficiency in the services rendered by the members of the petitioner-Association, their engagement has been set at naught. 8. This Court on 4.10.2021, while entertaining the present writ petition, passed the following orders: "4.10.2021 The prayer made in this petition can appropriately be addressed after receipt of counter affidavit as the petitioner has challenged the tender issued by the respondent nos. 9 to 80 as violative of Government Orders dated 7.12.2020 and 23.4.2020. Learned Standing Counsel has accepted notice on behalf of respondent nos. 9 to 80 as violative of Government Orders dated 7.12.2020 and 23.4.2020. Learned Standing Counsel has accepted notice on behalf of respondent nos. 1 to 4, 6 and 8 to 80; Sri B.K. Tripathi has accepted notice on behalf of respondent no. 5. Let notice be issued to respondent no.7 fixing 15.11.2021. Steps be taken within one week through registered speed post. List as fresh on 15.11.2021, by which date, respondents shall file their respective counter affidavit." 9. On 15.11.2021, this Court noticed the discrepancies and the differential treatment so made in the matter pertaining to grant of remuneration to the outsourced employees engaged by the service provider through GeM portal and after bestowing anxious consideration to Annexure-6 at page-70, which happened to be the relevant extract of the advertisement so loaded on GeM portal sought response from the respondents. The order passed by this Court on 15.11.2021 is quoted herein-under: "Heard Sri Anay Kumar Srivastava, learned counsel for the petitioner, Sri M.C. Chaturvedi learned Additional Advocate General assisted by Sri P.K. Tripathi, learned Standing Counsel for respondent no. 5 and Sri Saurabh Srivastava, learned counsel for respondent nos. 1, 2, 3, 4 and 6. The learned counsel for the petitioner submits that the petitioners are not challenging the engagement of other employees working on various posts by outsourcing through GEM portal. Their entire objection is that since e-tenders have been invited through GEM portal to engage persons through outsourcing either district-wise or cluster-wise and different jobs are being given by the service provider in different districts/clusters, which has resulted in disparity between the outsourced employees of one district than that of the other district. In other words, outsourced employees engaged by a service provider in district 'A' is getting Rs.10,000/- for a particular job while outsourced employees for the same job of district 'B' kept by the other service provider, is getting Rs.12,000/-. Therefore, the Government being a model employer cannot discriminate between the outsourced employees for the same work in one district and the outsourced employees for another district in the same department. This violates the basic principle of equality enshrined in the Constitution on one hand and on the other hand, unemployed youths of the unorganized service sector are placed in a very disadvantageous position. This violates the basic principle of equality enshrined in the Constitution on one hand and on the other hand, unemployed youths of the unorganized service sector are placed in a very disadvantageous position. Attention has been drawn to bid documents in which the lowest bid for the job as Ward Aaya/Ward Boy is Rs.7,500/- per month. The engagement is for a period of 9 months. The work is being taken for 7 days in a week and there is no leave admissible to them. Thus, per day wages comes to Rs.250/-. Therefore, the modus operandi being operated by the State Government for engaging the employees by outsourcing through GEM portal is nothing but a glaring example of exploitation of employees of unorganized service sector, particularly youths who have no option but to work on the terms and condition dictated by the service providers and as per bid made by them. Matter requires consideration. Let counter affidavits be filed by means of personal affidavit separately by the respondent nos. 1, 2, 3 and 4. Put up this case as fresh for further hearing on 01.12.2021." 10. Pursuant to the order dated 15.11.2021, passed by this Court as extracted hereinabove, a counter affidavit was filed by Respondent no.4/ Director General, Medical and Health Services, U.P. at Lucknow, sworn on 17.12.2021, wherein in paragraph-3, 4, 5, 6 & 7, the following averments were made: "3. That in compliance of the aforesaid directions of this Hon'ble Court, a committee has been constituted, headed by Director General, Medical & Health Services, U.P. Lucknow on 07.12.2021 in which the matter of fixation of uniform honorarium/minimum pay has been considered. Considering the anomalies in respect of honorarium, it has been revealed that there are individuals engaged against the sanctioned and created posts in the medical units. In spite of these, other individuals who are engaged under National Health Mission, their honorarium has been fixed according to the guidelines of the Government of India. The committee also found that one more reason for difference in the honorarium paid against the similar posts in the medical units, is that there has been non uniformity in the procedure of procurement of services and as such there was difference in the bids for the honorarium as provided by the different Outsourcing Agencies. The committee also found that one more reason for difference in the honorarium paid against the similar posts in the medical units, is that there has been non uniformity in the procedure of procurement of services and as such there was difference in the bids for the honorarium as provided by the different Outsourcing Agencies. In addition to above, it has also been found that different districts were engaging the individuals on contractual basis at district level also and for that reason also there were certain differences in extending the honorarium to the individuals. The copy of the minutes. of meeting dated 07.12.2021, is being filed herewith and marked as ANNEXURE NO. 1 to this personal affidavit. 4. That in pursuance of the aforesaid facts as stated above as well as the provisions as contained under para. 4 of the office order dated 07.12.2021, issued by the Secretary, State of U.P., Lucknow, the Committee also considered the guidelines for engaging individuals via outsourcing through Government E-Market Place (GEM) in the Medical & Health Department for bidding, divided in six clusters for selection of service providing agencies. The committee also decided unanimously for procurement of manpower through outsourcing agencies for skilled/semi-skilled/un-skilled, it has been decided to pay the minimum honorarium to the individuals against the similar posts. The copy of the Letter No. 630-37 pravartan-(M.W.)/15 dated 08.10.2021, which fixed the minimum wages for skilled/semi-skilled/un-skilled manpower is being filed herewith and marked ANNEXURE NO. 2 to this personal affidavit. 5. That the Secretary, Government of Uttar Pradesh, Lucknow vide its Government Order no. 1094(1)/Panch-1-2021 dated 21.11.2021 issued certain guidelines in compliance of the Government Order dated 25.08.2020 and 07.12.2020 for purchasing the manpower through outsource agencies. Copy of the Government Order no. 1094(1)/Panch-1-2021 dated 21.11.2021 is being filed herewith and marked as ANNEXURE NO. 3 to this personal affidavit. 6. That the Secretary, Government of Uttar Pradesh, Lucknow vide its Office Order no. W-68/Panch-1-2021 dated 07.12.2021 issued certain guidelines for the purchasing the manpower through outsourcing agency for introducing the Government E-Market Place (GEM) developed by Government of India. Copy of the Office Order no. W 68/Panch-1-2021 dated 07.12.2021 is being filed herewith and marked as ANNEXURE NO. 4 to this personal affidavit. 7. That in addition to above the Respondent no. W-68/Panch-1-2021 dated 07.12.2021 issued certain guidelines for the purchasing the manpower through outsourcing agency for introducing the Government E-Market Place (GEM) developed by Government of India. Copy of the Office Order no. W 68/Panch-1-2021 dated 07.12.2021 is being filed herewith and marked as ANNEXURE NO. 4 to this personal affidavit. 7. That in addition to above the Respondent no. 4 i.e. Director General, Medical & Health Services, U.P. Lucknow issued the standing instructions to all the Chief Medical Superintendents as well as Chief Medical Officers of entire State of U.P. to provide honorarium as per the minimum wages as fixed by the Labour Department of U.P. vide its Office Order no. dated 13.12.2021. Copy of the Office Order dated 13.11.2021 is being filed herewith and marked as ANNEXURE NO. 5 to this personal affidavit." 11. Perusal of the averments made in the counter affidavit so filed by Respondent no.4 sworn on 17.12.2021 as referred to above reveals that a committee was constituted by the Respondents headed by Respondent no.4 being Director General, Medical & Health Services of U.P. on 7.12.2021 in the matter of fixation of uniform honorarium / minimum pay. It has been further averred that the committee found the anomalies in respect of honorarium. The averments contained in the counter affidavit further reveals that the honorarium paid to the outsourced employees should be as per the minimum wages as fixed by the Labour Department of the State of U.P. 12. A counter affidavit was also filed by Respondent no.5 sworn on 16.12.2021 coming with the stand that the Respondent no.5 happens to be Uttar Pradesh Medical Supplies Corporation Limited, which is an undertaking of the Government of Uttar Pradesh (Government Company incorporated under the Companies Act, 2013) and is a nodal agency created pursuant to the Government Order dated 3.10.2017 to procure drugs, medical equipments and other health care commodities and services for its supplies to various Government Hospitals and Health Care units through out the State of U.P. On 11.3.2022, a personal affidavit was filed by Respondent no.1 (State of U.P. through its Additional Chief Secretary, Medical and Health Services, U.P. at Lucknow), wherein in paragraphs-6 to 11, the following averments were made: "6. That it is relevant to submit here that the Medical and Health Department select the service provider agencies for supplying the manpower through outsourcing in the Health Department and its supporting office vide GEM Portal and the service provider agency follow the different Government Orders/Directions issued from time to time by the State Government/Micro, Small and Medium Entrepreneur (hereinafter referred to as "the MSME")/Labour Department. The Medical and Health Department also follows the guidelines when the service provider was selected through the GEM Portal to supply the manpower through outsourcing. 7. That in the Government Order No. 31/2020/273/18-2-2020-97 ¼yŒmŒ½@2016 VhŒlhŒ dated 25.8.2020 by Micro Small and Medium Entrepreneur, Anubhag-2 it has been provided that how much "Mandeya" ¼ekuns;½ is to be provided by the department for the qualitative services rendered by the employees. The concerned department take decision as per relevant financial Rules of the Department and as per minimum wages settled by the Labour Department and this "Mandeya" ¼ekuns;½ will not be less than the "Mandeya" ¼ekuns;½ received by the employees at present. Likewise as per labour contract Rules for providing weekly, state holidays, maternity leave and hours of working the duty of the compliance of Rules will be that of the "Kreta" ¼Øsrk½ Department. It is relevant to state here that vide letter dated 8.10.2021 the minimum wages as applicable from 1.10.2021 to 31.3.2022 has been stated as hereinafter mentioned: Øekad çfrekg çfrekg ewy etnwjh :i;s esa çfrekg ifjorZuh; egaxkbZ HkRrk :i;s esa fnukad 1-4-2021 ls 20-9-2021 fnukad 01-01-2021 ls 30-09-2021 fnukad 01-10-2021 ls 31-03-2022 rd dqy etnwjh ¼:i;s esa½ nSfud etnwjh ¼:i;s esa½ 1- vdq'ky 5750 3328 3434 9184 353-23 2- v/kZdq'ky 6325 3660 3777-29 10]102-29 389 3- dq'ky 7085 4100 4231-16 11316-16 435-23 Copy of the letter No. 630-37 Pravartan-(M.W.)/15 dated 8.10.2021 is already been annexed as Annexure No. 2 to the personal affidavit of respondent no. 4 and it is being annexed herewith the present personal affidavit. A copy of the personal affidavit filed by respondent no. 4 is being filed herewith and marked as Annexure No. 1 to this affidavit. 8. 4 and it is being annexed herewith the present personal affidavit. A copy of the personal affidavit filed by respondent no. 4 is being filed herewith and marked as Annexure No. 1 to this affidavit. 8. That it is relevant to submit here that vide Government Order No. 42/2020/E-153/18-2-2020-97 ¼yŒmŒ½@2016 VhŒlhŒ dated 07.012.2020 issued by Micro Small and Medium Entrepreneur (MSME), Anubhag-2 Para 4 it has clearly been stated that after the finalization of tender vide GEM portal to maintain control over the Service provider the liability will be that of the head of the department so that the service provider company may not harass or exploit the employees out sourced employee. In para 6 of the Government Order it has also been provided that in the State the relevant Government Orders have to be strictly complied with so far manpower outsourcing is concerned. Photostat copy of the Government Order dated 7.12.2020 is being filed herewith and marked as Annexure No. 2 to this affidavit. 9. That to fix the "Mandeya" ¼ekuns;½ of the outsourcing employees of the medical and health department the consideration prima facie is to be made with regard to minimum wages as decided by the labour department, the relevant Financial Rules and thereafter the head of the department fixed the "Mandeya" ¼ekuns;½ as per minimum wages of the labour department and as per relevant Financial Rules with the service provider agency. So far as the leave and working hours are concerned the relevant Government Orders and the criteria as settled by the Labour Department is concerned. 10. That regarding the service benefits of the outsource employees the Government Orders issued by the MSME Department are considered by the head of the department and accordingly are complied with and as has already been stated in the affidavit filed on 16.12.2021 in pursuant to order of this Hon'ble Court dated 15.11.2021. The minimum wages are paid to the outsource employee as per minimum wages settled by the Labour Department. 11. The minimum wages are paid to the outsource employee as per minimum wages settled by the Labour Department. 11. That it is pertinent to relevant to state here that so far as the procurement of manpower services are concerned it is being done vide GEM remuneration to be paid to different classes of inductees/man power by the service provider is concerned, model conditions of engagement of man-power, through working hours and leave/holidays are concerned different Government Orders are being postulated by the Labour Department and Micro Small and Medium Entrepreneur, Anubhag-2 but as this Hon'ble Court has stated that "Entire scheme for procurement of man-power service and matters relating thereto be reduced in writing in one comprehensive Government Order/policy decision and copy thereof be filed along with the counter affidavit." It is humbly submitted that the aforesaid is not within the jurisdiction of Medical and Health and Family Welfare Department rather the relevant department/party is the ''Additional Chief Secretary, Department of Appointment and Personnel, Government of Uttar Pradesh' and this party has not been impleaded by the petitioner. It may kindly impleaded so that proper policy decision/the Government Order is being framed. It is submitted that vide GEM Portal different departments out source employees and one department i.e. the answering respondent cannot governed all vide framing policy decision/Government Orders. It is competent authority as stated aforesaid who is responsible to frame policy decision to be followed to be followed by all the departments. The deponent files the present affidavit with unconditional and unqualified apology. The deponent is a law abiding citizen and ready to comply with order of this Hon'ble Court as and when directed by this Hon'ble Court." 13. On 11.3.2022, this Court passed the following orders relevant extract whereof is being quoted herein-under: "...Since, prima facie, discrimination is being made by the Medical and Health Services Department between the outsource employee in one district and outsource employee in another district for the same work in the same department and even our orders are not being complied with on one pretext or the other, therefore, we are left with no option except to call upon the Chief Secretary of the State of U.P. to look into the matter and to file his personal affidavit in response to the orders dated 15.11.2021 and 22.02.2022, within three weeks. As prayed by the learned Additional Chief Standing Counsel, put up this case as a fresh case for further hearing on 8th April, 2022." 14. A personal affidavit has been filed by the Chief Secretary, State of Uttar Pradesh on 8.4.2022, wherein the following averments have been made: "4. That in pursuant to the order of this Hon'ble Court dated 11.3.2022 a meeting was organized under the Chairmanship of Chief Secretary, Uttar Pradesh Shashan, Lucknow on 23.3.2022 decisions were taken and in pursuant to directions, the decisions taken by Director General Medical and Health Services, Uttar Pradesh Shashan dated 1st April 2022. Details and comparative information were sought by the officers and employees who are being paid ''Mandey'. The detail and comparative status being carried out regarding the person's employer as per ''Jan Shakti' and i.e. who are working under the minimum Mandey as fixed by the Labour Department. The letter issued by Director General, Medical and Health Services, Uttar Pradesh, Lucknow written to the Secretary, Medical Health and Family Welfare Department Uttar Pradesh Shashan Chikitsa Anubhag-1 dated 1st April 2022. A copy of the letter dated 1.4.2022 issued by Director General, Medical and Health Services, Uttar Pradesh, Lucknow written to the Secretary, Medical Health and Family Welfare Department Uttar Pradesh Shashan Chikitsa Anubhag-1 is being filed herewith and marked as Annexure No. 2 to this affidavit. 5. A copy of the letter dated 1.4.2022 issued by Director General, Medical and Health Services, Uttar Pradesh, Lucknow written to the Secretary, Medical Health and Family Welfare Department Uttar Pradesh Shashan Chikitsa Anubhag-1 is being filed herewith and marked as Annexure No. 2 to this affidavit. 5. That the facts included in the letter dated 1.4.2022 are as hereinafter mentioned: ^^---------eq[; lfpo egksn; dh v/;{krk esa fnukad 23-03-2022 dks gqbZ cSBd ds dk;Zo`r esa fn;s x;s funsZ'kksa ds Øe esa vkmVlksflZax ls fy;s tkus okys fHkUu&fHkUu Ádkj dh tu'kfDr ds fy, ekuns;ksa dk fu/kkZj.k gsrq foLr`r lwpuk ifjf/kxr vf/kdkfj;ksa ls ÁkIr dj rqyukRed v/;;u ,oa Je foHkkx }kjk fu/kkZfjr U;wure ekuns; ij vk/kfjr gSA ;g Hkh voxr djkuk gS fd vkmVlkslZ ds ek/;e ls Hkjs tkus okys mUgha lEcfU/kr inksa dh lwpuk nh tk jgh ftudk ekuns; Hkqxrku jkT; ctV ls fd;k tkrk gSA bl lwpuk esa lsokjr dkfeZdksa ds ekuns; esa bZŒihŒ,QŒ@bZŒ,lŒvkbZŒ lfoZl pktZ bR;kfn vkxf.kr ugha gS] bu oS/kkfud enksa dk Hkqxrku ljdkj }kjk le;≤ ij fu/kkZfjr njksa ds Øe esa fu;ekuqlkj fd;k tk;sxkA mDr ÁLrkfor@vkadfyr nj ;Fkk'kh?kz fu/kkZfjr dj mRrj Áns'k esfMdy lIykbZ dkiksZjs'ku }kjk xfreku vkmVlkslZ dkfedksa dh dyLVokj fufonk ÁfØ;k dh dk;Zokgh iw.kZ@fØ;kfUor gksus ds mijkUr ykxw fd;k tk;sxkA** A copy of the letter along with documents annexed with the letter dated 1.4.2022 is being filed herewith and marked as Annexure No. 3 to this affidavit. 6. That in the matter in question the information/proposal provided by the Director General Medical and Health Services, U.P. Lucknow vide letter dated 1.4.2022 regarding the post taken vide outsourcing under Medical Health and Family Planning Department, Uttar Pradesh was accepted by the Government and rate of ''Mandey' was fixed of outsource employees vide Government Order No. 119/PANCH-1-2022 dated 5.4.2022 was issued. Hence after taking into consideration the letter dated 1.4.2022 by the Director General Medical and Health Services, Uttar Pradesh, Lucknow decision taken in the meeting and the information/proposal has accepted by the Government/State of U.P. the Government Order dated 5.4.2022 was issued fixing the uniform rates of Mandey of outsource employees in the State. Photostat copy of the Government order dated 5.4.2022 is being filed herewith and marked as Annexure No. 4 to this affidavit. 7. Photostat copy of the Government order dated 5.4.2022 is being filed herewith and marked as Annexure No. 4 to this affidavit. 7. That the minimum Mandey was fixed vide the policy decision dated 5.4.2022 is as hereinafter mentioned: ^^-------------ds vuqikyu esa fnukad 23-03-2022 dks eq[; lfpo] mRrj Áns'k 'kklu dh v/;{krk esa lEiUu cSBd] ftlesa Je] dkfeZd rFkk lw{e y?kq ,oa ek/;e m|e foHkkx us Hkh ÁfrHkkx fd;k esa fu.kZ; fy;k x;k fd fpfdRlk LokLF; ,oa ifjokj dY;k.k foHkkx ds v/khu lHkh laoxZ] tks vkmVlksflZax ls j[ks tkrs gSa dh lwph cuk;h tk,A rnksijkUr gj laoxZ esa tks vf/kdre ekuns; fdlh Hkh tuin esa fn;k tk jgk gks] mlh dks lHkh tuinksa esa ykxw fd;k tk, fdUrq ;fn fdlh tuin esa fdlh in fo'ks"k ds fy, cgqr vf/kd /kujkf'k nh tk jgh gks] tks rdZlaxr u gks] mls Áns'k esa ,d:i nj fu/kkZj.k gsrq fopkj.k esa ugha fy;k tk;sxkA ;g ekuns; Je foHkkx }kjk vdq'ky] v/kZdq'ky ,oa dq'ky Jkfedksa ds fy, fu/kkZfjr U;wure ekuns; ls vf/kd gksxkA 4- egkfuns'kd] fpfdRlk ,oa LokLF; lsokvksa ds }kjk vkmVlksflZax ls fy, tkus okys fHkUu&fHkUu Ádkj dh tu'kfDr ds fy, njksa ds fu/kkZj.k gsrq mifjlanfHkZr i= fnukad 01-04-2022 }kjk miyC/k djk;h x;h lwpuk ds rqyukRed v/;Uu ,oa 'keZ foHkkx }kjk fu/kkZfjr U;wure ekuns; ij vk/kfjr fooj.k nf'kZr gS%& Øe la[;k inuke Js.kh Je foHkkx ds 'kklukns'k fnukad 08-10-2021 ds vuqlkj ifjxf.kr ewy ekuns; ifjf/kxr vf/kdkfj;ksa ls çkIr lwpukvksa ds vuqlkj vf/kdka'k fpfdRlky;ksa esa fn;s tkus okys ewy ekuns; LokLF; egkfuns'kky; }kjk çLrkfor ewy ekuns; 1- okMZ Cok;okMZ vk;k vdq'ky 9184 10706-91 10706-91 2- pijklh@vnZyh vdq'ky 9184 9999-83 9999-83 3- lQkbZ deZpkjh vdq'ky 9184 9302-20 9302-20 4- eYVh ijil odZj@eYVh VkLd odZj vdq'ky 9184 11509-20 11509-48 5- dqd@dqd esV@/kksch@ekyh vdq'ky 9184 10706-91 10706-91 6- iyEcj v/kZdq'ky 10102-29 11177-44 11177-44 7- dEi;wVj lgk;d de jftLVªs'ku DydZ dq'ky 11316-16 12844-51 12844-51 8- bysDVªhf'k;u de tujsVj vkWijsVj dq'ky 11316-16 11316-16 11316-16 9- Okkgu pkyd dq'ky 11316-16 11779-58 11779-58 vkmVlkslZ ds mijksDr inksa ftuds ekuns; dk Hkqxrku jkT; ctV ls fd;k tkrk gS] ds ekuns; esa bZŒihŒ,QŒ@bZŒ,lŒvkbZŒ lfoZl pktZ bR;kfn vkxf.kr ugha gS] bu oS/kkfud enksa dk Hkqxrku ljdkj }kjk le;≤ ij fu/kkZfjr njksa ds Øe fu;ekuqlkj fd;k tk;sxkA mDr ÁLrkfor@vkadfyr nj mRrj Áns'k esfMdy lIykbZ dkiksZjs'ku }kjk xfreku vkmVlkslZ dkfeZdksa dh dyLVjokj fufonk ÁfØ;k dh dk;Zokgh iw.kZ gksus@fØ;kfUor gksus ds mijkUr ykxw gksxhA 5- bl lEcU/k esa eq>s ;g dgus dk funsZ'k gqvk gS fd 'kklu }kjk lE;d~ fopkjksijkUr egkfuns'kky; }kjk vkmVlksflZax tu'kfDr ds mijksDr leLr Ád`fr ds inksa ds laca/k esa ekuns; fu/kkZj.k gsrq Je foHkkx dh U;wure njksa ds lkis{k mijksDr ÁLrj&4 ds rkfydk esa vafdr inksa ds lkis{k vfUre LrEHk&6 esa ÁLrkfor ekuns; dks Lohdkj dj fy;k x;k gSA ;g ekuns; mRrj Áns'k esfMdy lIykbZ dkiksZjs'ku }kjk xfreku vkmVlkslZ dkfedksa dh dyLVjokj fufonk ÁfØ;k esa lfEefyr fd;s tk;saxs rFkk mDr dk;Zokgh iw.kZ gksus ij ykxw fd;s tk;saxsA** 8. That the aforesaid is being decided and preferred in view of the order of this Hon'ble Court dated 11.3.2022 and in pursuant to order of this Hon'ble Court, the present personal affidavit is being filed to the Chief Secretary, Uttar Pradesh Shashan, Lucknow. It may kindly be accepted and taken on record. The deponent humbly submits with unconditional and unqualified apology that after consultation with concerned department and approval from the State Government the present policy decision dated 5.4.2022 is being taken and for any modification/amendment or further decision the deponent is always ready to comply with orders of this Hon'ble Court." 15. This Court after giving anxious consideration to the Counter Affidavit filed by the Chief Secretary on 8.4.2022, proceeded to pass the following orders: "Perusal of the personal affidavit filed today shows that the State Government has taken a policy decision with regard to uniformity in scales of payment for different kinds of outsourced employees and outsourcing agencies. However, some of the important aspects as reflected from our aforequoted order dated 22.02.2022, appears to have been left consideration. Learned Additional Advocate General states that the Government shall look into all the aspects and take a uniform and comprehensive policy decision in the light of the order dated 22.02.2022 and while taking the decision, shall also take note of the principles laid down by Hon'ble Supreme Court in the case of Gujarat Mazdoor Sabha vs. State of Gujarat, (2020) 10 SCC 459 (paras 33 to 49). He prays that three weeks' time may be granted. As prayed by learned Additional Advocate General, three weeks' time is granted to file an affidavit annexing therewith the government order/ policy decision. The affidavit shall be filed by the Chief Secretary. List/ put up in the additional cause list for further hearing on 29.04.2022 at 02:00 P.M." 16. Eventually on 29.4.2022, a personal affidavit has been filed by the Chief Secretary State of Uttar Pradesh, wherein in paragraphs-4 to 11 the following averments have been made : "4. That it is relevant to state here that in order dated 22.2.2022 passed by this Hon'ble Court in the present matter in question the following points are to be taken into consideration:- "1. Policy decision emerging from various government orders issued from time to time with regard to procurement of man-power services. 2. That it is relevant to state here that in order dated 22.2.2022 passed by this Hon'ble Court in the present matter in question the following points are to be taken into consideration:- "1. Policy decision emerging from various government orders issued from time to time with regard to procurement of man-power services. 2. Minimum remuneration to be paid to different classes of inductees/man-power by the service provider. 3. Model conditions of engagement of man-power through service providers including working hours and leave/holidays as reflected in the Government Order dated 25.8.2020. 4. In the decision taken by the State Government the Letter of respondent no. 4 dated 12.11.2021 shall also be incorporated." 5. That in order dated 22.2.2022 the first point is regarding the procurement of manpower services. It is relevant to submit here that regarding procurement of manpower services detailed guidelines and directions have been issued by Department of Personnel and M.S.M.E. Department. 4 dated 12.11.2021 shall also be incorporated." 5. That in order dated 22.2.2022 the first point is regarding the procurement of manpower services. It is relevant to submit here that regarding procurement of manpower services detailed guidelines and directions have been issued by Department of Personnel and M.S.M.E. Department. In the Government Order dated 18.12.2019 directions have been issued in pursuant to E-market place GeM portal Developed by Government of India and adopted by State of U.P. Regarding the aforesaid points as stated in the order of this Hon'ble Court dated 22.2.2022 the information was sought from Additional Chief Secretary Medical and Health Department, U.P. Lucknow and he has stated in detail regarding the aforesaid four points which are as hereinafter mentioned: ^^3-¼1½ voxr djkuk gS fd ek0 mPp U;k;ky; ds vkns'k fnukad 22-02-2022 esa mijksDr fcUnq la[;k&1 Procurement of man - power service ds laca/k esa foLr`r fn'kk funsZ'k dkfeZd foHkkx ,oa lw{e] y?kw ,oa e/;e m|e foHkkx }kjk tkjh fd, x, gSA dkfeZd foHkkx }kjk tkjh 'kklukns'k fnukad 18-12-2019 esa m0iz0 ds leLr 'kkldh; foHkkxksa ,oa muds v/khuLFk laLFkkvksa esa eSu ikoj ds Ø; ds fy, Hkkjr ljdkj }kjk fodflr xouZes.V bZ&ekdsZV Iysl] tse dh O;oLFkk ykxw fd;s tkus ds funsZ'k fn;s x;sA blh Øe esa 'kklukns'k fnukad 25-08-2020 lw{e] y?kw ,oa e/;e m|e vuqHkkx & 2 }kjk fuxZr fd;k x;k gS] ftlesa foLr`r fn'kk&funsZ'k ds lkFk ;g izkfo/kku fd;k x;k gS fd izns'k ds leLr 'kkldh; foHkkxksa ,oa muds v/khuLFk laLFkkvksa@fuxeksa @miØeksa vkfn esa tse iksVZy ds ek/;e ls vfuok;Z :i ls fcM ds ek/;e ls gh eSuikoj vkmVlksflZax dh O;oLFkk dh tk;sxh lw{e] y?kq ,oa e/;e m|e foHkkx }kjk 'kklukns'k fnukad 07-12-2020 fuxZr fd;k x;k] ftlesa izns'k ds 'kkldh; foHkkxksa ,oa muds v/khuLFk laLFkkvksa esa eSuikoj dh vkiwfrZ tse iksVZy ds ek/;e ls fd;s tkus fo'k;d fuxZr 'kklukns'kksa esa fn;s x;s izkfo/kkuksa dks dM+kbZ ls vuqikyu ds funsZ'k fn;s x;sA fpfdRlk ,oa LokLF; foHkkx }kjk dkfeZd ,oa ,e0,l0,e0bZ0 foHkkx }kjk fuxZr 'kklukns'kksa ds Øe esa 'kklukns'k fnukad 21-11-2021 }kjk egkfuns'kd fpfdRlk ,oa LokLF; lsok;sa dks funsZf'kr fd;k x;k gS fd 'kklukns'k fnukad 25-08-2020 o fnukad 07-12-2020 dk vuqikyu esa eSuikoj dk Ø; fd;k tkuk lqfuf'pr djsa rFkk 'kklukns'k fnukad 07-12-2021 ds }kjk eSuikoj ds Ø; ds fy, Hkkjr ljdkj }kjk fodflr xouZes.V bZ&ekdsZV Iysl tse ds ek/;e ls fufonk djus ds laca/k esa izns'k dks 06 DyLVjksa foHkDr dj fpfdRlk ,oa LokLF; foHkkx esa lsok iznkrk ,stsUlh ds p;u fd;s tkus ds funsZ'k fn;s x;s gSA bl izdkj fpfdRlk ,oa LokLF; foHkkx }kjk eSuikWoj ds Ø; fd;s tkus ds laca/k esa Hkkjr ljdkj }kjk fodflr xouZes.V bZ&ekdsZV Iysl tse dh O;oLFkk ykxw djus laca/kh dkfeZd foHkkx ,oa lw{e] y?kw ,oa m|e foHkkx }kjk fuxZr 'kklukns'kksa dk dM+kbZ ls vuqikyu lqfuf'pr djus gsrq visf{kr fn'kk&funsZ'k egkfuns'kd fpfdRlk ,oa LokLF; foHkkx dks fn;s tk pqds gS rFkk mDr 'kklukns'kksa dk vuqikyu lqfuf'pr fd;k tk jgk gS bl fcUnq ij fpfdRlk ,oa LokLF; foHkkx }kjk dk;Zokgh iw.kZ dh tk pqdh gSA 3-¼2½ fcUnq la[;k&2 Minimum remuneration to be paid to different classes of inductees/man-power by the service provider ds laca/k esa dk;Zokgh iw.kZ dh tk pqdh gS vkmVlksflZx tu'kfDr ds osru@ekuns; ds fu/kkZj.k ds laca/k esa 'kklukns'k fnukad 05-04-2022 ¼izfr layXu½ fuxZr fd;k tk pqdk gSA 3-¼3½ fcUnq la[;k&3 Model conditions of engagement of man-power through service providers including working hours and leave/holidays as reflected in the Government order dated 25.08.2020 ds laca/k esa Modal conditions ds fcUnq ij ,e0,l0,e0bZ0 foHkkx ds 'kklukns'k 25-08-2020 rFkk fnukad 07-12-2020 esa foLr`r fn'kk&funsZ'k tkjh fd;s x;s gS ftldk vuqikyu izR;sd foHkkx }kjk fd;k tkuk gSA fpfdRlk ,oa LokLF; foHkkx }kjk Hkh bu 'kklukns'kksa dks dM+kbZ ls vuqikyu fd;k tk jgk gS bl gsrq fpfdRlk ,ao LokLF; foHkkx }kjk 'kklukns'k fnukad 21-11-2021 ,oa 'kklukns'k fnukad 07-12-2021 }kjk egkfuns'kd fpfdRlk ,oa LokLF; lsok;sa dks funsZf'kr fd;k tk pqdk gSA blh fcUnq esa vafdr Working hours and leave/holidays ds laca/k esa Je foHkkx ds ijke'kkZuqlkj 'kklukns'k la[;k&162@ikWp&1&2022 fnukad 26-04-2022 ¼izfr layXu½ fuxZr fd;k tk pqdk gSA 3-¼4½ fcUnq la[;k&4 ;g gS fd izfroknh la[;k&4 ds i= fnukad 12-11-2021 dks Hkh jkT; }kjk fy;s tk jgs fu.kZ; esa incorporate fd;k tk;sA dnkfpr ;g i= fnukad 12-11-2021 dk ugha gS cfYd izfroknh la[;k&4 vFkkZr egkfuns'kd fpfdRlk ,oa LokLF; lsok;sa }kjk okn esa ;ksftr 'kiFk&i= ds layXu&3 esa i= fnukad 21-11-2021 'kklu ds fpfdRlk vuqHkkx 1 }kjk fuxZr i= gS ftlds }kjk fuxZr 'kklukns'k la[;k&574@ikWp&1&2020] fnukad 23-04-2020 dks voØfer djrs gq;s ,e0,l0,e0bZ0 vuqHkkx&2 ds 'kklukns'k fnukad 25-08-2020 o fnukad 07-12-2020 dk vuqikyu lqfuf'pr djrs gq;s eSuikoj dk Ø; fd;k tkuk lqfuf'pr djus gsrq egkfuns'kd fpfdRlk ,oa LokLF; lsok; dks funsZf'kr fd;k x;k gSA** 6. That in view of the aforesaid guidelines/policy decision was framed complying the order dated 8.4.2022 as well as the order of this Hon'ble Court dated 22.2.2022 categorically. A photostat copy of the orders of this Hon'ble Court dated 22.2.2022, 11.3.2022 and 8.4.2022 are being filed herewith and marked as Annexure No. 1 to this affidavit. 7. That as stated aforesaid, the policy decision regarding Mandey of the procured manpower has already been decided vide Government Order dated 5.4.2022. In view of the fact that under the Minimum Wages Act, 1948, 74 Establishments are taken into consideration for deciding the daily wages of skilled, unskilled and semiskilled employees vide policy decision dated 31.3.2022. In the order dated 31.3.2022 issued by Labour Commissioner, Uttar Pradesh section-12 of Minimum Wages Act, 1948 only Private Hospital (Nursing Home) and private clinic and private doctors and the shops related to private doctors are considered i.e. the Government order dated 31.3.2022 i.e. related to private establishments only and not for government hospital hence the policy decision was taken vide Government Order dated 5th April 2022 for bringing on record the uniform policy decision clearly stating therein the "Minimum remuneration to be paid to different classes of inductees/man-power by the service providers". A copy of the Government Order dated 31.3.2022 and 5th April 2022 are being collectively filed herewith and marked as Annexure No. 2 to this affidavit. 8. That in pursuance to the order of this Hon'ble Court dated 8.4.2022 the police decision was taken for medical department taking into consideration section 13, section 14, section 15 of the Minimum Wages Act, 1948 regarding fixing hours on normal working days overtime on a wage of workers who works for normal working days. 9. That as per Rules 23, Rules 24, Rule 24-A(4), Rule 25, Rule 25-A, Rule 21 of Minimum Wages Rules 1952 were considered while taking the policy decision on 26.4.2022 and it has clearly been stated that the provisions are incorporated in Government Orders dated 5.4.2022 and 26.4.2022 shall be strictly adhered too. Photostat copy of the policy decision dated 26.4.2022 is being filed herewith and marked as Annexure No. 3 to this affidavit. 10. That it is also pertinent to mention here that in State of Uttar Pradesh in Government Department and in the supporting institutions for purchasing of manpower that is outsourcing of manpower. Photostat copy of the policy decision dated 26.4.2022 is being filed herewith and marked as Annexure No. 3 to this affidavit. 10. That it is also pertinent to mention here that in State of Uttar Pradesh in Government Department and in the supporting institutions for purchasing of manpower that is outsourcing of manpower. The policy decision in Government of Uttar Pradesh for E-market place, GeM portal was adopted. It was adopted vide Government E-market place and tender vide Gem already are being discussed in the Government orders 7.12.2021. Photostat copy of the Government Order dated 7.12.2021 is being filed herewith and marked as Annexure No. 4 to this affidavit. 11. That in view of the aforesaid the orders of this Hon'ble Court dated 22.2.2022, 11.3.2022 and 8.4.2022 are being complied with vide Government Orders dated 5.4.2022 and 26.4.2022." 17. Along with personal affidavit dated 29.4.2022, a Government Order dated 5.4.2022 setting out particulars of the remuneration / honorarium to be paid to the outsourced employees as well as the Government Order dated 26.4.2022 relatable to the working conditions of the outsourced employees and the Government Order dated 7.12.2021 pertaining to the modalities with regard to the procurement of the manpower through outsourcing had been annexed. The extracts of the Government Order dated 7.12.2021 5.4.2022 and 26.4.2022 are quoted hereinunder:- ^^7-12-2021 izs"kd] jfoUnz] lfpo] mŒizŒ 'kklu lsok es] egkfuns'kd] fpfdRlk ,oa LokLF; lsok;sa mŒizŒ y[kuÅ fpfdRlk vuqHkkx&1 y[kuÅ % fnaukd 07 fnlEcj] 2021 fo"k; %& mŸkj izns'k ds 'kkldh; foHkkxks ,oa mlds v/khuLFk laLFkkvks es eSuikoj ds di egksn;] ¼vkmVlksflZx vkQ eSuikoj½ ds fy, Hkkjr ljdkj }kjk fodflr xouZesaV bZ&ekdsZV Iysl] tse (GeM) dh O;oLFkk ykxw djus ds laca/k esA mi;qZDr fo"k;d fpfdRlk vuqHkkx&1 ds 'kklukns'k la[;k&193@ikap&1&2020&3 ¼11½@2016] fnukad 04-02-2020 ,oa 'kklukns'k la[;k&524@ikap&1&2020] fnukad 25-03-2020 dk d`i;k lanHkZ xzg.k djsa] ftlds ek/;e ls fpfdRlk ,oa LokLFk; foHkkx ds varxZr eSuikoj ds Ø; ¼vkmVlksflZx vkQ eSuikoj½ ds fy;s Hkkjr ljdkj }kjk fodflr xouZesaV bZ&ekdsZV Iysl] tSe (GeM) dh O;oLFkk ykxw fd;s tkus ds lac/k es funsZ'k fuxZr fd;s x;s FksA 2& blh Øe es ekŒmPp U;k;ky; es ;ksftr fjV ;kfpdk la[;k&7937¼,eŒch½@2020% vofr ifjf/k ,.M dE;wfuds'ku cuke mŒizŒ jkT; o vU; es ekŒ mPp U;k;ky; }kjk ikfjr vkns'k fnukad 20-04-2020 rFkk rRle; dksfoM&19 ds izFke pj.k ds laØe.k ds dkj.k ykWdMkmu ls mRiUu fLFkfr ds n`f”Vxr foHkkx es VsM+j izfØ;k iw.kZ u gksus ds dkj.k 'kklukns'k la[;k&574@ikap&1&2020] fnukad 23-04-2020 }kjk ;Fkkor cuk;s j[kk x;k FkkA 3- iqu% fpfdRlk vuqHkkx&1 ds 'kklukns'k la[;k&1094@ikap&1&2021] fnukad 21-11-2021 }kjk dksfoM&19 dh ledkyhu ifjfLFkfr;ksa ds dkj.k fpfdRlk vuqHkkx&1 }kjk rRle; fuxZr 'kklukns'k la[;k&574@iakp&1&2020] fnukad 23-04-2020 dks vodfer djrs gq, lw{e] y?kq ,oa e/;e m|e vuqHkkx&2 ds 'kklukns'k la[;k&31@2020@273@18&2&2020&97 ¼yŒmŒ½@2016 VhŒlhŒ fnukad 25-08-2020 ,oa 'kklukns'k la[;k 42@2020 bZ&153@18&2&2020&07¼yŒmŒ½@2016 VhŒlhŒ fnukad 07-12-2020 dk vuqikyu lqfuf'pr djrs gq, eSuikoj dk Ø; fd;k tkuk lqfuf'pr djus ds funsZ'k fuxZr fd;s x;s gSA mDr 'kklukns'k fnukad 21-11-2021 }kjk ;g Hkh funsZ'k fn;s x;s gS fd egkfuns'kky; Lrj ls mDr 'kklukns’kksa d vuqikyu es eSuikoj d; dh dk;Zokgh fd;s tkus rd lsok es O;o/kku mRiUu u gks ;g lqfuf'pr djus gsrq ifjf/kxr vf/kdkfj;ksa ¼eq[; fpfdRlk vf/kdkfj;ksa@eq[; fpfdRlk v/kh{kdks½] }kjk bu 'kklukns'kks ds vuq:i lsok iznkrk dk p;u rnFkZ :I ls fd;k tk ldrk gSA 'kklukns'k fnuakd 25-08-2020 ,oa fnukad 07-12-2020 ds Øe es egkfuns'kd] fpfdRlk ,oa LokLFk; lsok;sa }kjk tSe ls eSuikoj Ø; gsrq lsok iznkrk ,tsalh ds p;u d lkFk gh tuin Lrj ij fd;s x; vuq Lor% lekIr gks tk;saxsaA 4- mDr ds Øe esa eq>s ;g dgu dk funsZ'k gqvk gS fd eSuikoj Ø; ¼vkmVlksflZxa vki eSuikoj½ ds fy, Hkkjr ljdkj }kjk fodflr xouZesaV bZ&ekdsZV Iysl] te (GeM) ds ek/;e ls fufonk djus ds lac/k es 06 dLVjks esa foHkDr dj fpfdRlk ,oa LokLFk; foHkkx esa ykxw fd;k tk;A bl gsrq iznss'k ds 18 e.Myh dks 06 Hkkx vFkkZr 03 e.Myksa dk 01 dLVj cukrs gq, tSu iksVZy ls lsok iznkrk ,tsalh dk p;u fd;k tk; ,d lsok iznkrk dks 01 dLVj es gh dk;Z fn;k tk;] dfBukbZ vkus ij gh 'kklu ds vuqeksnu ls gh fdlh lsok iznkrk ,tsalh dks 02 dLVj dk dk;Z fn;k tk;sxkA lsok iznkrk ,atslh ds p;u dk dk;Z tse iksVZy ls fnukad 31-12-2021 rd iw.kZ dj fy;k tk;A 5- ubZ fufonk lEiUu gksus rd lEcf/kr 'kklukns'kks es mfYyf[kr fjV ;kfpdk la[;k&7937 ¼,lŒchŒ½@2020 rFkk ;kfpdk la[;k&31208@2018 ¼,eŒchŒ½ es ekŒmPp U;k;ky; }kjk ikfjr vkns'kks dk vuqikyu fd;k tkuk lqfuf'pr fd;k tk;sxkA ;g 'kklukns'k lw{e] y?kq ,oa e/;e m|ksx foHkkx dh lgefr ls tkjh fd;s tk jgs gSA d`I;k mijksDrkuqlkj dk;Zokgh leo) :i ls lqfuf'pr djus dk d"V djsA^^ ^^5-4-2022 la[;k&119@ikWp&1&2022 izs"kd] vfer eksgu izlkn] vij eq[; lfpo] mŸkj izns'k 'kklu lsok esa egkfuns'kd] fpfdRlk ,oa LokLFk; lsok;s] mŒizŒ] y[kuÅA fpfdRlk vuqHkkx&1 y[kuÅ % fnukad 05 vizSy] 2022 fo"k; %& ekŒ mPp U;k;ky;] bykgkckn es ;ksftr fjV ;kfpdk la[;k&22404@2021 ¼fjV&lh½ la;qDr LokLFk; vkmVlksflZxa@lafonk deZpkjh la?k cuke mŒizŒ jkT; o vU; es ekŒU;k;ky; }kjk ikfjr vkns'k ds vuqikyu es vkmVlksflZxa tu'kfDr ds osru@ekuns; fu/kkZj.k ds laca/k esA egksn;] d`I;k mi;qZdRk fo"k;d vius i=kad&11Q@2021&22@48] fnukad 01-04-2022 dk d`I;k lanHkZ xzg.k djus dk d"V djs ftlds ek/;e ls ekŒmPp U;k;ky;] bykgkckn es ;ksftr fjV ;kfpdk la[;k&22404@2021 ¼fjV&lh½ la;qDr LokLFk; vkmVlksflZx@lafonk deZpkjh la?k cuke mŒizŒ jkT; o vU; es ekŒU;k;ky; ds ikfjr vkns'k ds vuqikyu es vkmVlksflZx ls fy;s tkus okys fHkUu&fHkUu izdkj dh tu'kfDRk ds fy, njksa dk fu/kkZj.k Je foHkkx }kjk fu/kkZfjr U;wure ekuns; dks vk/kkj cukdj vkmVlksflZx dkfeZdksa ds ekuns; es ,d:irk ds n`f"Vxr lesfdr izLrko 'kklu ds fopkjkFkZ miyC/k djk;k x;k gSA 2& mYys[kuh; gS fd ekŒ mPp U;k;ky;] bykgkckn es ;ksftr fjV ;kfpdk la[;k22404@2021 ¼fjV&lh½ la;qDr LokLFk; vkmVlksZflx@lafonk deZpkjh la?k cuke mŒizŒ jkT; o vU; es ekŒU;k;ky; ds ikfjr vkns'k fnukad 11-03-2022 ds fd;kRed va'k fuEuor gS% "Since, prima facie, discrimination is being made by the Medical and Health Services Department between the outsource employee in one district and outsource employee in another district for the same work in the same. department and even our orders are not being complied with on one pretext or the other, therefore, we are left with no option except to call upon the Chief Secretary of the State of U.P. to look into the matter and to file his personal affidavit in response to the orders dated 15.11.2021 and 22.02.2022, within three weeks. department and even our orders are not being complied with on one pretext or the other, therefore, we are left with no option except to call upon the Chief Secretary of the State of U.P. to look into the matter and to file his personal affidavit in response to the orders dated 15.11.2021 and 22.02.2022, within three weeks. As prayed by the learned Additional Chief Standing Counsel, out up this case as a fresh case for further hearing on 8th April, 2022." 3& mDr vkns'k ds vuqikyu esa fnukad 23-03-2022 dks eq[; lfpo] m0Á0 'kklu dh v/;{krk esa lEiUUk cSBd] ftlesa Je] dkfeZd rFkk lq{e y?kq ,oa ek/;e m|e foHkkx us Hkh ÁfrHkkx fd;k] esa fu.kZ; fy;k x;k fd fpfdRlk LokLF; ,oa ifjokj dY;k.k foHkkx ds v/khu lHkh laoxZ] tks vkmVlksflZax ls j[ks tkrs gSa dh lwph cuk;h tk,A rnksijkUr gj laoxZ esa tks vf/kdre ekuns; fdlh Hkh tuin esa fn;k tk jgk gks] mlh dks Hkh tuinksa esa ykxw fd;k tk, fdUrq ;fn fdlh in fo'ks"k ds fy, cgqr vf/kd /kujkf'k nh tk jgh gks] tks rdZlaxr u gks] mls Áns'k esa ,d#i nj fu/kkZj.k gsrq fopkj.k esa ugha fy;k tk;sxkA ;g ekuns; Je foHkkx }kjk vdq'ky] v)Zdq'ky ,oa dq'ky Jfedksa ds fy, fu/kkZfjr U;wure ekuns; ls vf/kd gksxk 4& egkfuns'kd] fpfdRlk ,oa LokLF; lsokvksa ds }kjk vkmVlksflZax ls fy, tkus okys fHkUu&fHkUu Ádkj dh tu'kfDr ds fy, njksa ds fu/kkZj.k gsrq mifjlanfHkZr i= fnukad 01-04-2022 }kjk miyC/k djk;h x;h lwpuk ds rqyukRed v/;;u ,oa Je foHkkx }kjk fu/kkZfjr U;wure ekuns; ij vk/kkfjr fooj.k fuEuor~ nf'kZr gS % Øaå laå inuke Js.kh Je foHkkx ds 'kklukns'k fnukad 08-10-2021 ds vuqlkj ifjxf.kr ewy ekuns; ifjf/kxr vf/kdkfj;ksa ls çkIr lwpukvksa ds vuqlkj vf/kdka'k fpfdRlky;ksa esa fn;s tkus okys ewy ekuns; LokLF; egkfuns'kky; }kjk çLrkfor ewy ekuns; 1- okMZ Cok;okMZ vk;k vdq'ky 9184 10706-91 10706-91 2- pijklh@vnZyh vdq'ky 9184 9999-83 9999-83 3- lQkbZ deZpkjh vdq'ky 9184 9302-20 9302-20 4- eYVh ijil odZj@eYVh VkLd odZj vdq'ky 9184 11509-20 11509-48 5- dqd@dqd esV@/kksch@ekyh vdq'ky 9184 10706-91 10706-91 6- iyEcj v/kZdq'ky 10102-29 11177-44 11177-44 7- dEi;wVj lgk;d de jftLVªs'ku DydZ dq'ky 11316-16 12844-51 12844-51 8- bysDVªhf'k;u de tujsVj vkWijsVj dq'ky 11316-16 11316-16 11316-16 9- Okkgu pkyd dq'ky 11316-16 11779-58 11779-58 vkmVlkslZ ds mijksDr inksa ftuds ekuns; dk Hkqxrku jkT; ctV ls fd;k tkrk gS] ds ekuns; esa bZ0ih0,Q0bZ0,l0vkbZ0 lfoZl pktZ bR;kfn vkxf.kr ugha gS] bu oS/kkfud enksa dk Hkqxrku ljdkj }kjk le;≤ ij fu/kkZfjr njksa ds de esa fu;ekuqlkj fd;k tk;sxkA mDr ÁLrkfor@vkadfyr nj m0Á0 esfMdy lIykbZ dkiksZjs'ku }kjk xfreku vkmVlkslZ dkfeZdksa dh dyLVjokj fufonk Áfd;k dh dk;Zokgh iw.kZ gksus@ fd;kfUor gksus ds mijkUr ykxw gksxhA 5& bl lEcU/k esa eq>s ;g dgus dk funsZ'k gqvk gs fd 'kklu }kjk eI;d~ fopkjksijkUr egkfuns'kky; }kjk vkmVlksflZax tu'kfDr ds mijksDr leLr Ád`fr ds inksa ds lac/k esa ekuns; fu/kkZj.k gsrq Je foHkkx dh U;wure njksa ds lkis{k mijksDr ÁLrj&4 ds rkfydk esa vafdr inksa ds lkis{k vfUre LrEHk&6 esa ÁLrkfor ekuns; dks Lohdkj dj fy;k x;k gSA ;g ekuns; mRrj Áns'k esfMdy lIykbZ dkjiksjs'ku }kjk xfreku vkmVlkslZ dkfeZdksa dh dyLVjokj fufonk ÁfØ;k esa lfEefyr fd;s tk;saxs rFkk mDr dk;Zokgh iw.kZ gksus ij ykxw fd;s tk;saxsA** ^^26-4-2022 Ás"kd vfer eksgu Álkn] vij eq[; lfpo] mRrj Áns'k 'kklu la[;k&162@ikap&1&2022 lsok esa] egkfuns'kd] fpfdRlk ,oa LokLF; lsok;sa mRrj Áns'k] y[kuÅA fpfdRlk vuqHkkx&1 y[kuÅ% fnukad 26 vÁSy] 2022 fo"k;& ek0 mPp U;k;ky;] bykgkckn esa ;ksftr fjV ;kfpd la[;k&22404@2021 ¼fjV&lh½ la;qDr LokLF; vkmVlksflZax lafonk deZpkjh la?k cuke mRrj Áns'k jkT; o vU; esa ek0% U;k;ky; }kjk ikfjr vkns'k fnukad 22-02-2022 ,oa fnukad 08-04-2022 da vuqikyu esa lfoZl ÁksokbMj }kjk tu'kfDr ¼eSuikoj½ gsrq dk;Z ds ?k.Vs rFkk NqV~Vh ,oa vodk'k ds lEcU/k esa fn'k funsZ'k egksn;] d`i;k mi;qZDr fo"k; ds lEcU/k esa ek0 mPp U;k;ky;] bykgkckn esa ;ksftr fjV ;kfpdk la[;k&22404@2021 ¼fjV&lh½ la;qDr LokLF; vkmVlksflZax@ lafonk deZpkjh la?k cuke mRrj Áns'k jkT; o vU; esa ek0 U;k;ky; }kjk ikfjr vkns'k fnukad 08-04-2022 dk fØ;kRed va'k fuEuor gS% "..........in the order dated 22.02.2022, this court observed as under: "In view of the aforesaid, two weeks and no more time is granted to the respondent Nos. 1 and 2 to file counter affidavits by means of their personal affidavits in which copy of a policy decision emerging from various government orders issued from time to time with regard to procurement of man-power services, minimum remuneration to be paid to different classes of inductees/ manpower by the service provider, model conditions of engagement of man-power through service providers including working hours and leave/ holidays as reflected in the government order dated 25.08.2020 and reiterated in letter of the respondent No. 4 dated 12.11.2021 may be incorporated as per decision of the State Government. In other words, the entire scheme for procurement of man-power service and matters relating thereto be reduced in writing in one comprehensive government order/ policy decision and copy thereof, be filed along with the counter affidavit." Perusal of the personal affidavit filed today shows that the State Government has taken a policy decision with regard to uniformity in scales of payment for different kinds of outsourced employees and outsourcing agencies. However, some of the important aspects as reflected from our aforequoted order dated 22.02.2022, appears to have been left consideration. Learned Additional Advocate General states that the Government shall look into all the aspects and take a uniform and comprehensive policy decision in the light of the order dated 22.02.2022 and while taking the decision, shall also take note of the principles: laid down by Hon'ble Supreme Court in the case of Gujarat Mazdoor Sabha vs. State of Gujarat, (2020) 10 SCC 459 (paras 33 to 49). He prays that three weeks time may be granted. As prayed by learned Additional Advocate General, three weeks' time is granted to file an affidavit annexing therewith the government order/ policy decision. The affidavit shall be filed by the Chief Secretary. He prays that three weeks time may be granted. As prayed by learned Additional Advocate General, three weeks' time is granted to file an affidavit annexing therewith the government order/ policy decision. The affidavit shall be filed by the Chief Secretary. List/ put up in the additional cause list for further hearing on 29.04.2022 at 02:00 P.M." 2& voxr djkuk gS fd lw{e] y?kq ,oa e/;e m|e vuqHkkx&2 }kjk tkjh 'kklukns'k fnukad 25-08-2020 ds }kjk Áns'k esa 'kkldh; foHkkxksa ,oa muds v/kkuLFk laLFkkvksa esa eSuikoj ¼vkmVlksflZax vkWQ eSuikoj½ rFkk vU; miyC/k lsokvksa ds Ø; ds fy, Hkkjr ljdkj }kjk fodflr xosZUes.V bZ&ekdsZV Iysl ¼tse½ dh O;olFkk ykxw fd;s tkus gsrq foLr`r fn'kk] funsZ'k tkjh fd, x, gSA mDr 'kklukns'k ds ÁLrj 6 esa ;g Ákfo/kku fd;k x;k gS fd ^^fdlh Hkh foHkkx }kjk fdlh xq.koDrkiw.kZ lsok ds fy, dfeZ;ksa dks fdruk ekuns; ns; gksxk bldk fu.kZ; lacaf/kr foHkkx] fofHkUu lqlaxr fu;eksa ds vuq#i ,oe~ Je foHkkx ds U;wure ostst ds vuqlkj djsxk] tksfd orZeku esa dkfeZdksa dks ÁkIr gks jgs ekuns; ls de vuqeU; ugha gksxkA Je lafonk fu;ekoyh lkIrkfgd jktdh; ekr`Ro vkfn vodk'k ,oe~ dk;Z ds ?kaVs&tSls fu;eksa dk vuqikyu djkus dh ftEesnkjh dsrk foHkkx dh gksxhA** 3& bl lEcU/k esa mYys[kuh; gS fd Jke foHkkx ds lqlaxr vf/kfu;eksa ,oa 'kklukns'kksa esa fuEuor~ O;oLFkk dh x;h gS% (i) U;wure osru vf/kfu;e 1948 ds varxZr orZeku esa 74 vuqlwfpr fu;kstuksa ds fy, mRrj Áns'k 'kklu }kjk U;wure etnwjh fu/kkZfjr dh x;h gS vkSj ÁR;sd Nekgh ¼vÁSy&flrEcj ,oe~ vDVwcj&ekpZ½ ds fy, ifjorZuh; egaxkbZ HkRrs dh x.kuk dh tkrh gSA etnwjh dh ewy njksa ,oe~ ns; egaxkbZ HkRrs ls lEcaf/kr i=kad 268&76@ÁorZu&,e0MCyw@15 fnukad 31-03-2022 ds ek/;e ls tkjh uohue vkns'k ¼lyXu½ ds Øekad 74 ij ,sls Áfr"Bku tks fdlh vuqlwfpr fu;kstu ds v/khu vkPNkfnr u gks] esa fu;kstu dk mYys[k gSA etnwjh dh tks njsa ekfld vk/kkj ij fu/kkZfjr dh x;h gSa mudh nSfud nj] ewy etnwjh vkSj ifjorZuh; egaxkbZ HkRrs ds 1@26 ls de rFkk Áfr?k.Vs nj nSfud nj dk 1@6 ls de ugha gksxhA ¼lacr vkns'k layXu½** fpfdRlk] LokLF; ,oa ifjokj dY;k.k foHkkx }kjk fuxZr 'kklukns'k la[;k&119@ikWap@12022 fnukad 05-04-2022 }kjk vkmVlkslZ tu'kfDr ds osru@ekuns; fu/kkZj.k ds lEcU/k esa fn'kk funsZ'k iwoZ esa gh tkjh fd, tk pqds gSA ¼8½ U;wure etnwjh vf/kfu;e] 1948 dh /kkjk&13 esa lkekU; dk;Zfnol ds fy, ?k.Vs fu;r djuk Fing hours for a normal working days, etc), /kkjk&14 esa vfrdky (Overtime) /kkjk&15 esa ,sls deZdkj dh etnwjh tks lkekU; dk;Zfnol ls de dek djrk gS (Wage of worker who works for less then normal working day) ls lEcaf/kr Ákfo/kku gSA rRlacaf/kr fu;eksa dk mYys[k mRrj Áns'k U;wure etnwjh fu;ekoyh] 1952 ds fu;e&23 ls 25 esa fd;k x;k gS tks fuEuor gS&** fu;e&23& lkIrkfgd foJkke dk fnu fdlh vuqlwfpr fu;kstu] ftlds fy, vf/kfu;e ds (a) vUrxZr U;wure etnwjh nj dk fu/kkZj.k gqvk gS mldk deZpkjh vuqlwfpr fu;kstu esa mlh fu;kstd ds v/khu] yxkrkj N% fnu ls de ugha] dk;Z fd;k gS ,sls deZpkjh dks ÁR;sd lIrkg ,d fnu dk foJke fn;k tk;sxk] tks lkekU;r% ^^jfookj** gksxkA (b) fu;e&24& lkekU; dk;Zfnol esa dk;Z ds ?k.Vksa dh la[;k O;Dr deZpkjh ds fy, 9 gksxh ftlesa Áfrfnu ds dk;Z ds ?k.Vs bl Ádkj fu/kkZfjr fd;s tk;saxs fd dkxbZ vof/k 5 ?k.Vs ls vf/kd ugha gksxh] rFkk dksbZ O;Ld deZpkjh 5 ?k.Vs ls vf/kd dk;Z ugha djsxk tc rd fd blls iwoZ bls de ls de vk/ks ?k.Vs dk foJke u fey x;k gksA vFkkZr deZpkjh dks fdlh dk;Z fnol esa 5 ?k.Vs dk;Z ds ckn de ls de vk/kk ?k.Vs dk foJke fey tkuk vko';d gSA (c) fu;e&24¼d½ (IV) – fu;e&24 ds varxZr fu/kkZfjr lkekU; dk;Z ds ?k.Vksa ls vf/kd dk;Z djus ij jkT; ljdkj }kjkk Hkqxrku fu/kkZfjr vksojvkbe nj ij fd;k tk;sxkA (d) fu;e&25& tgkWa dgha deZpkjh dkj[kkuk vf/kfu;e 1948 ;k mRrj Áns'k nqdku vkSj okf.kT; vf/k"Bku vf/kfu;e] 1962 ds ykxw gksus ds QyLo#i buesa vuqeU; lqfo/kk] ik jgk gS] ogha bl fu;ekoyh ds fu;e 23 ,oe 24 ds Áfo/kkuksa muds foijhr ÁHkkoh ugha gksaxsA (e) fu;e&25& ¼d½ vuqlwfpr fu;kstu esa dk;Zjr deZpkjh lkekU; dk;Zfnol ds fy, fuf'pr dk;Z ds ?k.Vksa ls vf/kd dk;Z vFkok ,d lIrkg esa 54 ?k.Vksa ls vf/kd dk;Z djrk gS] mls ÁR;sd ?k.Vs ;k ml ?k.Vs ds fdlh va'k ds fu, vf/kd dk;Z gsrq lkekU; nj ls nksxquk fuEukafdr vksoj Vkbe nj dk Hkqxrku fd;k tk;sxkA ¼d`f"k ,oe~ pk; ckxku ds fu;kstu esa vksoj Vkbe nj lkekU; nj dk Msढ+ xquk gksxh½A d`f"k ,oe~ pk; ckxku ds fu;kstu dks NksM+dj vU; lHkh vuqlwfpr fu;kstu esa fdlh ,d dys.Mj o"kZ esa dqy 200 ?k.Vs ls vf/kd vksoj Vkbe ugha djk;k tk;sxkA vksoj Vkbe Hkqxrku n'kkZus okys vfHkys[k dk j[k&j[kko fd;k tk;sxkA (f) fu;e&21& etnwjh vof/k md ekg ls vf/kd dh ugha gksxh rFkk deZpkjh dks etnwjh dk Hkqxrku ml etnwjh vof/k dh vkf[kjh frfFk ds i'pkr~ lkrok fnu lekIr gksus ls iwoZ fdlh dk;Zfnol esa fd;k tk;sxkA efgyk Jfed ;ksftr gksus dh n'kk] esa ;fn lsok Ánkrk bZ0,l0vkbZ0 ls vkorZ gksxk rks ekr`R; fgryke ,oe~ chekjh ls lecaf/kr fgrykHk bZ0,l0vkbZ0lh0 ls Ánku fd;s tk;saxsA 4 'kklu }kjk lE;d fopkjksijkUr eq>s ;g dgus dk funsZ'k gqvk gS fd Je foHkkx 30 kklu dh mi;qZDr Ákfo/kkfur O;oLFkkvksa dks fpfdRlk] LokLF; ,oa ifjokj dY;k.k foHkkx esa vkmVlksflZax vkWQ eSuikoj gsrq dM+kbZ ls vuqikyu lqfuf'pr fd;k tk,A** 18. As noticed in the order passed by this Court on 15.11.2021, the learned counsel for the petitioner had itself not pressed the relief with regard to challenge of the engagement of employees working on various posts by outsourcing through GeM portal, thus the relief stood confined to the disparity and the differential treatment meted to them and non adherence of the Government Orders issued from time to time referable to outsourcing of manpower through GeM portal. 19. This Court finds that the State of Uttar Pradesh through its functionaries had filed affidavit before this Court while noticing and admitting the fact that disparity and differential treatment has been meted in the matter of outsourcing, as not only remuneration/ honorarium differs from one place to another, namely for the sake of illustration from one district or the other and further the fact that the benefits relatable to weekly rest, maternity leave, holidays, working hours etc, are not being extended to them. 20. Bearing in mind, the above noted shortcomings and discrepancies now the State of Uttar Pradesh has come up with the uniform policy wherein not only the modalities have been fixed for the bids to be conducted for outsourcing of the manpower, but also uniformity in the payment of honorarium has been taken note of and further even the working conditions have been incorporated in a Government Order, so as to confer the outsourced employees the benefits making them in an advantageous position in that regard. 21. 21. The genesis of economical, social and cultural rights itself finds its roots in Article 7 of the International Covenants of Economic, Social and Cultural Rights 1966, the same is being reproduced hereinbelow:- "Article 7 The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular: (a) Remuneration which provides all workers, as a minimum, with: (i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work; (ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant; (b) Safe and healthy working conditions; (c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence; (d) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays." 22. India as a democratic and socialist country became a signatory of the above noted covenant and ratified the same on 10.4.1979. In view of the aforesaid factual backdrop, various legislations were brought into existence, just in order to give fair wages, equal remuneration for work of equal value that too without distinction of any kind, which presupposes decent living, safe and healthy working conditions inculcating equal opportunity for everyone, which obviously includes not only elimination of the chances of discrimination, but also setting out the terms and conditions regarding their engagement as well as a cozy and congenial environment of working. 23. The Constitutional mandate to the State to protect the citizen's right to live with human dignity echoed by the Apex Court of this country is an unconditional promise that the polity owes to every citizen. This reverberation generated a bonhomie benevolent rights to the marginalized groups of our society. 24. Employees generally have optimistic expectations when they enter the workforce. Regardless of levels of experience, employees want to be treated with respect and dignity. Employees also want to feel valued and productive while at work. Work is, for many people, an expression of identity and a measure of one's worth to society. Self-esteem is often linked to job satisfaction and career growth. 25. Regardless of levels of experience, employees want to be treated with respect and dignity. Employees also want to feel valued and productive while at work. Work is, for many people, an expression of identity and a measure of one's worth to society. Self-esteem is often linked to job satisfaction and career growth. 25. The Parliament in exercise of the powers as conferred therein had enacted an Act by the name and the nomenclature of Equal Remuneration Act, 1976 in order to provide for payment of equal remuneration to men and women workers and for prevention and discrimination on the ground of sex against the women in the matter of employment and the matters connected therewith and incidental thereto. 26. For the reference, statement of objects and reasons are being extracted hereinunder: - "Prefatory Note - Statement of Objects and Reasons. Article 39 of Constitution envisages that the State shall direct its policy, among other things, towards securing that there is equal pay for equal work for both men and women. To give effect to this constitutional provision, the President promulgated on the 26th. September, 1975, the Equal Remuneration Ordinance, 1975 so that the provisions of Article 39 of the Constitution may be implemented in the year which is being celebrated as the International Women's Year. The Ordinance provides for payment of equal remuneration to men and women workers for the same work or work of similar nature and for the prevention of discrimination on grounds of sex." 27. Parliament of India in order to amend and consolidate the laws relating to wages and bonus and the matters enacted thereto or incidental thereto enacted an Act by the name and the nomenclature of the Code on Wages 2019 (No.29 of 2019), which received assent of the President on 8.8.2019 and was also gazetted on the same day. As per Sub-Section 2 read with 3 of Section 1 under Chapter I, it extends to the whole of India and it shall come into force on such date, as the Central Government may by notification in the official gazette appoint and the different dates may be appointed for different provisions of the Code and any reference in any such provisions to the commencement of the Code shall be construed as a reference to the coming into force of that provision. Section 5 of Chapter-II of the Code on Wages, 2019 provides that no employer shall pay to an employee wages less than the minimum rate of wages notified by the appropriate Government and so far as Section 6 is concerned, it provides the criteria and the basis of fixation of minimum rate of wages payable to the employees as whereas Section 7 envisages the composition of minimum rate of wages fixed or revised by appropriate rate of Government. Section 8 in extenso provides that in fixation of minimum rate of wages for the first time or revising minimum rates of wages, detailed criteria to be adhered to as clearly provided therein. Section 9 provides for power of the Central Government to fix floor wage and Section 10 provides for wages of employee, who works for less than normal working day and Section 11 provides for wages for two or more classes of work. Section 12 provides for minimum time rate for piece work and Section 13 provides for fixing hours for working for normal working day, and Section 14 provides for wages for overtime work. 28. As per Sub-Section (3) of Section 1 of the Code on Wages, 2019, the provisions contained therein would come into force on such date as the Central Government by notification in the Official Gazette appoint, however, the same has not been enforced till date, but it finds its presence in the statute book. 29. A cumulative reading of the Minimum Wages Act 1948, the Equal Remuneration Act, 1976 and the Code on Wages, 2019 itself shows that they are the beneficial legislations engrafted for the benefit and the welfare of the workers with relation to wages, minimum wages and ancillary benefits as available under Labour Laws. The aforesaid Acts enjoin an obligation upon the appropriate Government to modify or amend the same as and when it has occasioned in the light of the relevant factors as prevalent from time to time. 30. The Hon'ble Apex Court in the case of Gujarat Majdoor Sabha and others vs. State of Gujarat, 2020 (10) SCC 459 had an occasion to consider the right of the workers belonging to unorganized sectors working in manufacturing units. The Hon'ble Supreme Court in paragraphs-44, 45, 48 and 49 observed as under: - "44. The Constitution is a charter which solemnized the transfer of power. The Hon'ble Supreme Court in paragraphs-44, 45, 48 and 49 observed as under: - "44. The Constitution is a charter which solemnized the transfer of power. But the constitutional vision of swarajya transcends the devolution of political power. The Fundamental Rights and Directive Principles of State Policy present a coherent vision of a welfare state that envisages justice-social, economic and political. Granville Austin, in his seminal work on the Indian Constitution, has collectively described them as "the conscience of the Constitution which connects India's future, present, and past by giving strength to the pursuit of social revolution in India". The colonial experience, and the poverty it sanctified as an incident of state policy, were the driving force in the Constituent Assembly's goal to achieve economic equality and independence. Although the Directive Principles were not intended to be capable of being independently enforced before the courts to invalidate a legislation, they inform state policies; act as a guidepost for legislation and provide sign posts for travelers engaged on the path of understanding the complexities which the Constitution unravels. Eminent legal scholar Upendra Baxi, while reviewing Granville Austin's work on the Indian Constitution had analysed the dichotomy of justiciability and non-justiciability of Fundamental Rights and Directive Principles. He had noted- "..In no other area of constitutional scholarship, the need to ascend from the planet of platitudes to an analytic paradise is more compelling than in the study of directive principles. The fact that this distinction [in justiciability] is now a constitutional reality should not be allowed to obscure the more important fact that the directive principles and fundamental rights are both originally rooted in a vision of a new India. And though many writers on constitutional law have been led to draw a radical and sharp distinction between rights and principles, it is heartening that judicial decision-making has not failed to maintain the awareness of their basic unity". 45. The Factories Act is an integral element of the vision of state policy which seeks to uphold Articles 38, 39, 42, and 43 of the Constitution. It does so by attempting to neutralize the excesses in the skewed power dynamics between the managements of factories and their workmen by ensuring decent working conditions, dignity at work and a living wage. The Factories Act is an integral element of the vision of state policy which seeks to uphold Articles 38, 39, 42, and 43 of the Constitution. It does so by attempting to neutralize the excesses in the skewed power dynamics between the managements of factories and their workmen by ensuring decent working conditions, dignity at work and a living wage. Ideas of ''freedom' and ''liberty' in the Fundamental Rights recognized by the Constitution are but hollow aspirations if the aspiration for a dignified life can be thwarted by the immensity of economic coercion. 48. The Constitution allows for economic experiments. Judicial review is justifiably held off in matters of policy, particularly economic policy. But the Directive Principles of State Policy cannot be reduced to oblivion by a sleight of interpretation. To a worker who has faced the brunt of the pandemic and is currently laboring in a workplace without the luxury of physical distancing, economic dignity based on the rights available under the statute is the least that this Court can ensure them. Justice Patanjali Sastry immortalized that phrase of this court as the sentinel on the qui vive in our jurisprudence by recognizing it in State of Madras vs. V G Row, AIR 1952 SC 196 . The phrase may have become weather-beaten in articles, seminars and now, in the profusion of webinars, amidst the changing times. Familiar as the phrase sounds, judges must constantly remind themselves of its value through their tenures, if the call of the constitutional conscience is to retain meaning. The ''right to life' guaranteed to every person under Article 21, which includes a worker, would be devoid of an equal opportunity at social and economic freedom, in the absence of just and humane conditions of work. A workers' right to life cannot be deemed contingent on the mercy of their employer or the State. The notifications, in denying humane working conditions and overtime wages provided by law, are an affront to the workers' right to life and right against forced labour that are secured by Articles 21 and 23 of the Constitution. 49. This Court is cognizant that the Respondent aimed to ameliorate the financial exigencies that were caused due to the pandemic and the subsequent lockdown. However, financial losses cannot be offset on the weary shoulders of the laboring worker, who provides the backbone of the economy. 49. This Court is cognizant that the Respondent aimed to ameliorate the financial exigencies that were caused due to the pandemic and the subsequent lockdown. However, financial losses cannot be offset on the weary shoulders of the laboring worker, who provides the backbone of the economy. Section 5 of the Factories Act could not have been invoked to issue a blanket notification that exempted all factories from complying with humane working conditions and adequate compensation for overtime, as a response to a pandemic that did not result in an ''internal disturbance' of a nature that posed a '' grave emergency' whereby the security of India is threatened. In any event, no factory/ classes of factories could have been exempted from compliance with provisions of the Factories Act, unless an ''internal disturbance' causes a grave emergency that threatens the security of the state, so as to constitute a ''public emergency' within the meaning of Section 5 of the Factories Act. We accordingly allow the writ petition and quash Notification No. GHR/ 2020/56/FAC/142020/346/M3 dated 17 April 2020 and Notification No. GHR/2020/92/FAC/142020/346/M3 dated 20 July 2020 issued by the Labour and Employment Department of the Respondent State." 31. Recently, the Hon'ble Apex Court in Civil Appeal No. (S) 3153 of 2022, Maniben Maganbhai Bhariya decided on 25.4.2022 in paragraphs 40, 44, 52, 29, 31 and 32 observed as under : "Rastogi, J. ........ 40. If we look towards the problems plaguing the Anganwadi workers/helpers, the first and foremost, they are not holders of civil posts due to which they are deprived of a regular salary and other benefits that are available to employees of the State. Instead of a salary, they get only a so called paltry ''honorarium' (much lower than the minimum wages) on the specious ground that they are part-time voluntary workers, working only for about 4 hours a day. 44. This appears to be the reason that on acknowledging their services on account of an exponential increase in Anganwadi centres/workers which has been recognized by Government of India, the opportunities are made available to Anganwadi workers/helpers being brought into the mainstream and to become Government employee, with a passage of time. 52. 44. This appears to be the reason that on acknowledging their services on account of an exponential increase in Anganwadi centres/workers which has been recognized by Government of India, the opportunities are made available to Anganwadi workers/helpers being brought into the mainstream and to become Government employee, with a passage of time. 52. Before parting with the order, I would like to observe that the time has come when the Central Government/State Governments has to collectively consider as to whether looking to the nature of work and exponential increase in the Anganwadi centers and to ensure quality in the delivery of services and community participation and calling upon Anganwadi workers/helpers to perform multiple tasks ranging from delivery of vital services to the effective convergence of various sectoral services, the existing working conditions of Anganwadi workers/helpers coupled with lack of job security which albeit results in lack of motivation to serve in disadvantaged areas with limited sensitivity towards the delivery of services to such underprivileged groups, still being the backbone of the scheme introduced by ICDS, time has come to find out modalities in providing better service conditions of the voiceless commensurate to the nature of job discharged by them. Abhay S. Oka, J. 29. The definition of ''wages' is very wide. It means all emoluments which are earned by an employee on duty. Thus, the honorarium paid to AWWs and AWHs will also be covered by the definition of wages. As AWWs and AWHs are employed by the State Government for wages in the establishments to which the 1972 Act applies, the AWWs and AWHs are employees within the meaning of the 1972 Act. In view of the said Rules of the Gujarat Government, the Anganwadi centres are not under the control of the Central Government. Therefore, the State Government will be an appropriate Government within the meaning of clause (a) of Section 2 of the 1972 Act. Accordingly, a person or authority appointed by the appropriate Government for the supervision and control of AWWs and AWHs will be the employer within the meaning of clause (f) of Section 2. 31. For the reasons recorded above, I have no manner of doubt that the 1972 Act will apply to Anganwadi centres and in turn to AWWs and AWHs. Accordingly, a person or authority appointed by the appropriate Government for the supervision and control of AWWs and AWHs will be the employer within the meaning of clause (f) of Section 2. 31. For the reasons recorded above, I have no manner of doubt that the 1972 Act will apply to Anganwadi centres and in turn to AWWs and AWHs. In the impugned Judgment, the Division Bench was swayed by the view taken by this Court in the case of Ameerbi which was followed by the Delhi High Court in the case of Akhil Bhartiya Anganwadi Kamgar Union (Regd.) (supra). These decisions, for the reasons recorded earlier, have no bearing on the issue involved in these appeals. The learned Single Judge was right in holding that the 1972 Act was applicable to AWWs and AWHs. The Controlling Authority has granted simple interest at the rate of 10% on the overdue gratuity amounts. All eligible AWWs and AWHs shall be entitled to the benefit of interest. 32. Hence, I allow the appeals and set aside the impugned Judgment dated 8th August 2017 of the Division Bench of Gujarat High Court and restore the Judgment of the learned Single Judge dated 6th June 2016 in Special Civil Application no. 1219 of 2016 and other connected cases by holding that the provisions of the 1972 Act apply to AWWs and AWHs working in Anganwadi centres. Within a period of three months from today, necessary steps shall be taken by the concerned authorities in the State of Gujarat under the 1972 Act to extend benefits of the said Act to the eligible AWWs and AWHs. We direct that all eligible AWWs and AWHs shall be entitled to simple interest @ 10% per annum from the date specified under subsection 3A of Section 7 of the 1972 Act." 32. The Hon'ble Apex Court in the case of State of Punjab vs. Jagjit Singh, reported in 2017(1) SCC 148 had an occasion to consider the plight of daily wage employees, ad hoc appointees, employees appointed on casual basis, contractual employees while holding that they are entitled to minimum of the regular pay-scale. The Hon'ble Apex Court in paragraphs 43, 44, 54.3, 57 and 58 has observed as under: "43. The Hon'ble Apex Court in paragraphs 43, 44, 54.3, 57 and 58 has observed as under: "43. We shall now venture to summarize the conclusions recorded by this Court, with reference to a claim of pay parity, raised by temporary employees (differently designated as work-charge, daily-wage, casual, ad-hoc, contractual, and the like), in the following two paragraphs. 54.3. Based on the consideration recorded hereinabove, the determination in the impugned judgment rendered by the full bench of the High Court, whereby it classified temporary employees for differential treatment on the subject of wages, is clearly unsustainable, and is liable to be set aside. 57. There is no room for any doubt, that the principle of ''equal pay for equal work' has emerged from an interpretation of different provisions of the Constitution. The principle has been expounded through a large number of judgments rendered by this Court, and constitutes law declared by this Court. The same is binding on all the courts in India, under Article 141 of the Constitution of India. The parameters of the principle, have been summarized by us in paragraph 42 hereinabove. The principle of ''equal pay for equal work' has also been extended to temporary employees (differently described as work-charge, daily-wage, casual, ad-hoc, contractual, and the like). The legal position, relating to temporary employees, has been summarized by us, in paragraph 44 hereinabove. The above legal position which has been repeatedly declared, is being reiterated by us, yet again. 58. In our considered view, it is fallacious to determine artificial parameters to deny fruits of labour. An employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities. Certainly not, in a welfare state. Such an action besides being demeaning, strikes at the very foundation of human dignity. Any one, who is compelled to work at a lesser wage, does not do so voluntarily. He does so, to provide food and shelter to his family, at the cost of his self respect and dignity, at the cost of his self worth, and at the cost of his integrity. For he knows, that his dependents would suffer immensely, if he does not accept the lesser wage. Any act, of paying less wages, as compared to others similarly situate, constitutes an act of exploitative enslavement, emerging out of a domineering position. For he knows, that his dependents would suffer immensely, if he does not accept the lesser wage. Any act, of paying less wages, as compared to others similarly situate, constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive and coercive, as it compels involuntary subjugation." (Emphasis supplied by us) 33. Following the judgment of Jagjit Singh (Supra) recently, the Hon'ble Apex Court in the case of Sabha Shanker Dube vs. Divisional Forest Officer and others, 2019 (12) SCC 297 has observed in paragraph-12 observed as under:- "12. In view of the judgment in Jagjit Singh (supra), we are unable to uphold the view of the High Court that the Appellants-herein are not entitled to be paid the minimum of the pay scales. We are not called upon to adjudicate on the rights of the Appellants relating to the regularization of their services. We are concerned only with the principle laid down by this Court initially in Putti Lal (supra) relating to persons who are similarly situated to the Appellants and later affirmed in Jagjit Singh (supra) that temporary employees are entitled to minimum of the pay scales as long as they continue in service." 34. Analysing the proposition of law as culled out in the above noted judgments irresistible conclusion can be safely drawn that the State being a model employer cannot act in such a manner, which not only creates disparity or tantamounts to encourage differential treatment in the matter of payment of remuneration, which might be in the form of honorarium as well as in the matters of working conditions. Here in the present case, it is the State Government, who by virtue of the Government Orders so issued from time to time as referred to above had made applicable the online platform by the name of GeM portal. It has been the consistent stand of the State that the payment of the remuneration should be as per the Minimum Wages Act, 1948 and working conditions should include number of working hours, days of working, maternity leave etc. 35. It has been the consistent stand of the State that the payment of the remuneration should be as per the Minimum Wages Act, 1948 and working conditions should include number of working hours, days of working, maternity leave etc. 35. This Court further finds that the State of Uttar Pradesh and its functionaries have themselves rectified the defects and removed the lacunae, which were showing its presence in the Government Orders, while supplementing it with positive vibes, which were in the shape of a chariot bestowing benefits, which are legally admissible to the outsourced employees, who belong to unorganized sector. 36. In view of the foregoing discussions, the writ petition is partly allowed and disposed of with the following directions: - (a) The respondents (State of Uttar Pradesh and its instrumentalities) shall strictly adhere to and comply with the Government Orders dated 7.12.2021, 5.4.2022 and 26.4.2022. (b) If so occasioned in the light of the relevant factors, which include elevation of minimum wages, coupled with the benefits, which would be admissible from time to time, to the outsourced employee, the Government Orders may be amended/ modified from time to time. (c) The State being a model employer must also make endeavours to issue appropriate Government Orders containing the aforementioned working conditions and maintaining uniformity in the payment of remuneration / honorarium in other departments through out the State of U.P. (d) Needless to point out that whenever any modification / amendment is being made in the Government Orders, then they should be uploaded on the website so as to make it accessible to general public making them aware about rights and the privileges so conferred upon them. (e) Once the Parliament of India has enacted the Code on Wages 2019 (No.29 of 2019), which has received the assent of the President and has been Gazetted on 8.8.2019 providing for amending and consolidating the law relating to wages and bonus and matters connected thereto and incidental thereto, then in view of the provisions contained under Sub-Section 3 of Section 1 of the Code on Wages 2019, this Court hopes and trust that the Central Government will expeditiously take steps to enforce the provisions of the Code on Wages, 2019.