The Madhya Pradesh High Court recently dismissed a PIL while observing that the petitioner has filed the PIL without any research and without disclosing the fact that there is a state enactment on the subject matter.
The PIL has been filed by Kanoori Margdarshan Kendra through its authorized representative Narendra Kumar with the prayer that the respondents-State Government should be directed to implement the provisions of the Unorganized Workers Social Security Act 2008 for the benefit of workers in unorganized sector and ensure registration of such workers thereunder.
The State Government has filed a reply to the petition on March 7, 2013 categorically stating that much before the enactment of the Central Legislature, the State Legislature has already dealt with the aspect of welfare of workers in unorganized sector by enacting the MP Asangathit Karmkar Kalyan Adhiniyam, 2003, as the subject of labour welfare falls within the concurrent list (Entry No.24), 7th Schedule of the Constitution of India and, therefore, it is wrong to state that the State Government is oblivious to the welfare of workers in the unorganized sector.
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The Division Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla while considering the PIL observed,
“Sadly, the petitioner claims to have filed present writ petition by way of public interest litigation, but without undertaking any research and without making any disclosure to the fact that already on the same subject matter there is an enactment by the State Legislature covering the disputed question involved in the present petition.”
Therefore, the Court dismissed the petition for having no merit and being misconceived. It is pertinent to note that V.M. Bharadwaj, advocate for the petitioner, appeared through Video Conferencing and Swapnil Ganguly, Deputy Advocate General, appeared for the respondents/State.