Arham Jain
The Allahabad High Court, on February 11, 2025, dismissed the writ petition filed by Anjuman Himayat Chapansian Sangh, U.P. (Nyay Bhibhag), an association that work for the improvement of the service condition of the Class IV Employees of the court, in the case of Anjuman Himayat Chaprasian Sangh UP v. State of UP. According to the petition, judicial officials abuse Class IV employees as domestic help and force them to undertake forced labor in order to complete their personal duties off-court. Using the Uttar Pradesh District Court Service Rules, 2013, the petitioner made an argument and asked for a direction prohibiting judicial authorities from using Class IV employees for personal purposes.
Based on the Full Bench ruling in Umesh Chand Vinod Kumar & Ors. v. Krishi Utpadan Mandi Samiti AIR 1984 Allahabad 46, the respondent filed a preliminary objection, stating that the association cannot bring the case on behalf of its members until certain conditions are met, such as a member’s incapacity to do so because of a medical, social, or economic disadvantage. They argued that it does not constitute compelled labor since the judicial authorities may need the employees’ help to move or hold the papers beyond the court grounds. Additionally, the respondent claimed that the petition could not be maintained since the association’s bylaws did not provide him the authority to take any legal action on behalf of its employees.
A bench led by Justice Rajesh Singh Chauhan strongly rejected the petition, adding that a person can bring their complaints to court on their own. The court also cited the association’s bylaws, stating that since the association’s purpose is to enhance workers’ working circumstances rather than to bring legal action, any legal action taken without the required authority is not considered legitimate or long-lasting.
The Court stated that domestic services would be taken into consideration if they were rendered in the judicial officials’ homes; as a result, helping with the files or transporting them is a daily occurrence and is not constituted forced labor. The petition was denied because it was not tenable.
Case Name: Anjuman Himayat Chaprasian Sangh UP vs State of UP
Case Number: Writ Petition – A – 7978/2024
Bench: Hon’ble Mr. Justice Rajesh Singh Chauhan