SAUMITRA DAYAL SINGH,J. - (1.) The present writ petition has been filed by NOIDA Employees' Association, a registered Trade Union having its head office at Noida and two others. It has been disclosed in the writ petition that the said Association has over 1400 officers/employees of New Okhla Industrial Development Authority (hereinafter referred to as the NOIDA) as its members and it has been duly authorised to institute the present writ petition on their behalf. Also, Shri Ashok Kumar Sharma, General Secretary of petitioner no.1 Association and also an employee of NOIDA is the petitioner no.2 while Shri Kushal Pal Singh, another employee of NOIDA is the petitioner no.3 in this writ petition. Initially, the writ petition had been filed seeking, by way of first relief, a declaration that Section 5-A of the Uttar Pradesh Industrial Area Development Act, 1976 (hereinafter referred to as the 'Act') as introduced by the Uttar Pradesh Industrial Area Development (Amendment) Act, 2017 (hereinafter referred to as the 'Amending Act'), would be applicable to officers and employees only, who may have been recruited subsequent to the enactment of the Amending Act. Alternatively, a prayer was made to quash Section 5-A of the Act. While the writ petition remained pending, an amendment application was filed, that has also been allowed, and a further relief has been sought to declare the Uttar Pradesh Industrial Development Authorities Centralised Service Rules, 2018 (hereinafter referred to as the 'Rules'), ultra vires.
(2.) Before coming to the exact challenge raised, certain facts giving rise to the present writ petition, may be noted. In 1976, U.P. Act No. 6 of 1976 i.e. the Uttar Pradesh Industrial Area Development Act, 1976 was enacted, to provide for the constitution of separate Authorities for the development of certain areas in the State, into industrial and urban townships, and for matters connected therewith.
(3.) Under Section 2(b) of the Act, the term 'Authority' was defined to mean such Authority as may be constituted under Section 3 of that Act.;