Equal Remunerations Act – Violation by service provider -Criminal Complaint against Chairman of Wipro

By the agreement dated 18.3.2015, M/s. G4S Secure Solutions (India) Pvt Ltd – service provider – had agreed to provide security services to Wipro Company.  It was specifically provided that the employees engaged by the service provider for its services will be considered as independent contractor to Wipro and not as employee or agent of Wipro.

During inspection of service provider by the Labour Enforcement Officer on 2.6.2016, certain violations of law were found.  The complaint was filed on 26.8.2016.

It was only on 17.4.2017, the applicant came to know about the criminal complaint when police constable with a bailable warrant for arrest of Mr Azim Premji had visited the Lucknow office.  It was found that the summoning order was issued on 3.9.2016.

This was challenged in the application under Section 482 of the Code of Criminal Procedure.

HELD that there is no vicarious liability of Wipro or its Chairman for the service provider in respect of violation of the Equal Remuneration Act and  that the summoning order & bailable warrant were issued without applying mind to the facts to the case, law applicable thereto and without examining the nature of allegations made in the complaint.

Judgment dated 29.5.2024 of the Allahabad High Court in Application No.3261 of 2017 of Azim Premji Vs. State of U.P.