Courts Update Madhya Pradesh High Court dismisses PIL for filing it...

Madhya Pradesh High Court dismisses PIL for filing it without research

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Madhya Pradesh Sept 7(ILNS): The Madhya Pradesh High Court recently dismissed a Public Interest Litigation (PIL), while observing that Petitioner has filed the PIL without undertaking any research and without making any disclosure to the fact that it is already on the same 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 the workers in the unorganized sector and ensure registration of such workers thereunder.

The Division Bench comprising of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla while considering the PIL observed that “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.”

The respondents-State Government has filed a reply to the Petition a long time ago 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 the welfare of workers in the unorganized sector by enacting M.P. Asangathit Karmkar Kalyan Adhiniyam, 2003, as the subject of labor 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 of the aspect of the welfare of the workers in the unorganized sector.

Therefore the Court, in view that the Petition is misconceived, having no merit dismissed the Petition.

It is pertinent to note that V.M. Bharadwaj, Advocate for the petitioner appeared through Video Conferencing and  Swapnil Ganguly, Deputy Advocate General for the appeared for the respondents/State./ILNS/SS/SNG

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