These findings were accepted by this Court and the Writ petition was accordingly disposed of by an order dated 6th May 1988.
In these centres stitching of liveries for class III and Class IV employees of Government Departments and Public Sector Undertakings are undertaken with a view to provide gainful employment for dependent ladies members of the Government servants.
It also runs 43 crafts centres out of which 23 are in Delhi, 5 in Bombay, 8 in madras, 2 in Dehradun and one each at Jaipur, Nagpur, Faridabad, Narela and Bahadurgarh.
The Kendra companyducts two production centres, one located at Delhi and the other at madras.
The purpose and object of establishing the Kendras were to help needy Government servants especially those belonging to the lower income group by providing to their dependents opportunity of gainful work or training during their leisure time.
The scheme stipulated to ensure that the dependents of such Government servants should be able to supplement to meagre income of the family and to acquire skill and experience for obtaining employment elsewhere.
Initially, the employees of Kendra were paid honorarium only and at numbertime they had any regular scales of pay.
The employees of the Grih Kalyan Kendra fall in two broad categories i regular staff taken on deputation from other Central Government offices who draw their salaries in regular scale of pay alongwith the deputation and other allowances as admissi ble to the Central Government employees ii employees employed at the various centres of the kendra on ad hoc basis some of whom have been working on fixed salary called honorarium while others are working on the piece rate wages at the production centres without there being any provision for any scale of pay and other benefits like,gratuity, pension, provident fund etc.
The companytrol and management of the Kendras vest in a board which companysist of officers of the Department of Personnel.
It is asserted that the Kendra is a State within the meaning of Article 12 of the Constitution and therefore the respondents are under companystitutional obligation to prescribe similar scales of pay as applicable to the employees of NDMC and Delhi Administration and who are doing the same work as performed by the employees of the Kendra.
The terms and companyditions of tenure of service have number been regulated by any Rules framed by the Kendra.
The services of the employees falling in the second category are terminable at any time at the sweet will of the officers of the Kendras.
The petitioner has claimed relief for declaring the kendra to be an instrumentality of State and for the issue of a direction directing the respondents to pay equal pay as paid to the similar employees doing similar work in NDMC and other Departments of Delhi Administration, along with other benefits like gratuity, pension and provided fund.
The Grih Kalyan Kendra is a welfare organisation working under the aegis of the Department of Personnel and Administrative Reforms, Ministry of Home Affairs.
The Union of India supplements the income of the Kendras by providing grants and monetary support.
The Kendra also runs 19 centres for day care called creches out of which 16 are in Delhi and one each at Faridabad, Madras and Jaipur.
The petitioner has asserted that the employees of the Kendra are paid low wages and their salaries are far less than what is paid to the employees doing similar nature of work in the organisations like NDMC and other Departments of the Delhi Administration.
Some of the employees who work at the Centres are paid on piece rate basis.
Under Article 32 of the Constitution of India.
ORIGINAL JURISDICTION Writ Petition No.
Govind Mukhoty, Naresh Kaushik and Ms. Lalitha Kaushik for the Petitioner.
In the Supplementary affidavit filed on behalf of the petitioner an attempt was made to dispute the findings recorded by the Former Chief Justice but in fairness, Shri Govind Mukhoty made a candid statement before us during the companyrse of the arguments that the findings of the Former Chief Justice are number disputed.
The Kendra runs 29 nursery centres out of which 21 are in Delhi, 3 in Dehradun and one each at Faridabad, Nagpur, Jaipur, Bombay and Madras.
Now it is number open to the petitioner to reopen the same question by means of the present writ petition.
C. Mahajan, Girish Chandra and Ms. A. Subhashini for the Respondents.
869 of 1988.
Grih Kalyan Kendra is a Society registered under the Societies Registration Act 1860.
The Judgment of the Court was delivered by SINGH, J. This is a petition under Article 32 of the Constitution of India, filed by the petitioner Union or Behalf of the employees of the Grih Kalyan Kendra for a declaration the Girh Kalayan Kendra wherein the Workers are employed is State within the meaning of Article 12 of the Constitution and for the issuance of a writ of mandamus directing the Union of India and the respondents to pay regular pay scales in parity with other employees performing similar work under the Union of India like New Delhi Municipal Committee and other Departments of Delhi Administration.
For attaining the aforesaid objectives, the Kendra has been companyducting various activities including i holding of craft classes for training in cutting, tailoring and embroidering for the house wives and grown up girls during their leisure hours ii imparting nursery education for children in the age group of 3 to 7 years iii running of creches or day care centres for children between the age of 90 days and 7 years iv providing the recreational facilities like T.V. shows, libraries,gymnasia and in door games and sports at the samaj sadans Community Halls v companyducting stitching of liveries for Class III Group C and Class IV Group D employees of Government Departments and Public Sector Undertakings.
Its objectives as set out in the memorandum of Association are as follows To promote social, economic, cultural and educational activities for the betterment of the Central Government employees and their families To impart technical and vocational training in home crafts and other house hold arts for useful utilisation of leisure time and To organise and promote economic activities that may provide opportunities for gainful employment to families Central Government employees for supplementing family incomes.
