Andhra Pradesh High Court - Amravati
Mangalagiri Venkateswara Rao, vs The Life Insurance Corporation Of ... on 6 May, 2022
THE HON'BLE Dr.JUSTICE K. MANMADHA RAO
W.P.No.12181 of 2012
ORDER:-
This petition is filed under Article 226 of the Constitution of India seeking the following relief:-
"..... to issue a Writ of Mandamus or any other appropriate writ or order or direction:
(i) declaring that the work of sweeping and cleaning entrusted to him in the LIC Branch Office of Tadepalligudem is on the whole time and monthly salary basis but not on part time and daily wages basis;
(ii) directing the Respondents 2 and3 herein to appoint him to the post of Sweeper-cum-Cleaner on the temporary basis in the Branch office of L I C of India Tadepalligudem as per the Instructions of Life Insurance Corporation of India Employment of Temporary Staff Instructions 1993 or on the principles of justice and equity or alternatively;
(iii) directing the Respondents to pay him a salary of Rs.3900/-
per month for the work of sweeping and cleaning he has been doing in the Branch Office of the LIC of India at Tadepalligudem if necessary by fixing Minimum Wages for employment of sweeping and cleaning under Section 3 of the Minimum Wages Act 1948 for all Sweepers-cum-Cleaners working in all Branches of the Life Insurance Corporation of India in the State of Andhra Pradesh."
2. Brief facts of the case are as follows: -
The petitioner's mother Smt.Ramulamma had been working as Sweeper-cum-Cleaner in Tadepalligudem Branch Office of LIC of India till 2001. As she was unable to do that work on account of her old age, on her request, the petitioner was appointed as Sweeper-cum-Cleaner in her place in the year 2001. While the matter stood thus, the petitioner submitted a representation dated 09.09.2002 to the 2nd respondent requesting to consider his case for appointment to the post of Sweeper-cum-Cleaner on temporary basis at Tadepalligudem Branch Office, as he has already been working as Scavenger on consolidated monthly pay. As there is no response from the 2nd respondent, again the petitioner submitted a 2 representation dated 03.03.2003 duly enclosing all the relevant certificates. The last and latest representation of the petitioner is being dated 11.7.2006 reiterating the same request. The petitioner gave a representation to the National Commission of Scheduled Castes also. On his representation, the National Commission addressed a letter to the 3rd respondent offering remarks. As there is no response, the petitioner also submitted a petition bearing H.R. Case No.4479 of 2008 on 24.11.2008 to the A.P. State Human Rights Commission. In response, the Human Rights Commission sought report from the 3rd respondent and the 3rd respondent submitted its report stating that the job of cleaning entrusted to the petitioner was absolutely on a daily wage basis, for a duration of one hour a day, which would not constitute a right for seeking any regular employment on the rolls of the Corporation. On the said report, the petitioner filed objections duly enclosing a copy of G.O.Rt.No.1289, dt.9.9.2009. As per the said G.O., salary of Rs.3,900/- per month had been fixed for Class IV employees engaged on contract basis for doing cleaning work in the Municipalities and Municipal Corporations in the State. The Human Rights Commission by an order dated 20.1.20122 disposed of the petitioner's representation observing that it is appropriate for him to approach his employer for redressal of his grievances.
Again, the petitioner submitted earlier representations dt.3.3.2002, 15.2.2005 and 11.7.2006 to the 2nd respondent reiterating his request. As there is no response from the respondents, the petitioner filed the present writ petition. 3
3. The respondents filed a counter-affidavit stating that previously the petitioner's mother Smt. Mangalagiri Ramulamma doing scavenging duty in Tadepalligudem Branch Office and he was paid an amount of Rs.300/- per month. Due to her frequent ill health, she gave representation dated 29.3.2001 requesting to engage her son in her place. Considering her representation on humanitarian grounds, the petitioner was engaged for attending to the cleaning work from 7:00 a.m. to 8:00 a.m. and payment is being revised from time to time during all these years. At present, he is being paid an amount of Rs.900/- per month. The respondents 2 and 3 never assured him or any job protection to the petitioner either orally or in writing. The G.Os issued by Government of Andhra Pradesh are not applicable to the respondent-corporation, as the said corporation is established by an Act of Parliament and having a separate identity. The respondents are paying remuneration basing on the Labour Acts of the Government of India like the Payment of Wages Act. As per the advice of Human Rights Commission, the respondents have already increased the remuneration payable to him to Rs.900/-, which is well above the minimum wages payable under the Act. At present, there is no recruitment to the said category. The respondents have not acted arbitrarily at any point of time against the petitioner and the writ petition may be dismissed.
4. Reply affidavit has been filed by the petitioner while reiterating the contents in the counter affidavit contended that though the regularization of the petitioner as fulltime employee is not possible immediately for any reason the respondents can appoint the petitioner to the post of Sweeper-cum-Cleaner on 4 temporary basis as per the LIC (Employment of temporary Staff) Instructions, 1993 or alternatively they can pay salary of Rs.3900/- to the petitioner for employment of sweeping and cleaning under Section 3 of the Minimum Wages Act, 1948. The contention that the nature of the duties of a Municipal sweeper/Cleaner is different from his duties and the petitioner cannot claim the same is untenable. The nature of the work both the Municipal sweepers-cum-cleaners and himself doing is the same and no differentiation can be made simply basing on the nature of the department in which he has been working. It is further contended that the present amount of Rs.900/- per one hour work is by any standard on higher sides and the petitioner is getting reasonable remuneration is highly mischievous and the petitioner has been doing full time work by making him available throughout the working hours of the branch office.
5. Heard Mr. T. Durga Prasada Rao, learned counsel appearing for the petitioner and Mr. B. Raj Kiran, learned Standing Counsel for LIC appearing for the respondents.
6. On hearing, this Court observed that as per Section 3 of The Minimum Wages Act, 1948, which reads as under:
"3. Fixing of minimum rates of wages.
--
(1) The appropriate Government shall, in the manner hereinafter provided,--
[(a) fix the minimum rates of wages payable to employees employed in an employment specified in Part I or Part II of SCHEDULE and in an employment added to either Part by notification under section 27: Provided that the appropriate Government may, in respect of employees employed in an employment specified in Part II of SCHEDULE, instead of fixing minimum rates of wages under this clause for the whole State, fix such rates for a part of the State or for any specified class or classes of such employment in the whole State or part thereof;] 5
(b) review at such intervals, as it may think fit, such intervals not exceeding five years, the minimum rates of wages so fixed and revise the minimum rates, if necessary: [Provided that where for any reason the appropriate Government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, nothing contained in this clause shall be deemed to prevent it from reviewing the minimum rates after the expiry of the said period of five years and revising them, if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the said period of five years shall continue in force."
7. From a reading of the above, it is observed that the minimum rates of wages so fixed and revise the minimum rates, if necessary, for any reason the appropriate Government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, nothing contained in this clause shall be deemed to prevent it from reviewing the minimum rates after the expiry of the said period of five years and revising them, if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the said period of five years shall continue in force. Therefore, it clearly established that, if necessary by fixing minimum wages for employment of sweeping and cleaning under the said provisions of law for all sweeper-cum-cleaners working in all the branches of LIC of India in the State of Andhra Pradesh. This Court also observed that as per G.O.Rt.No.1289, dated 09.09.2009, the salary of Rs.3,900/- per month had been fixed for Class IV employees engaged on contract basis for doing cleaning work in the Municipalities and Municipal Corporations in the State.
8. Having regard to the facts and circumstances of the case and upon perusal of the material available on record, this Court is 6 of the considered opinion, in the interest of justice, the respondents No.2 and 3 are directed to appoint the petitioner to the post of Sweeper-cum-Cleaner on the temporary basis in the Branch office of LIC of India, Tadepalligudem, as per the Instructions of Life Insurance Corporation of India Employment of Temporary Staff Instructions, 1993 and further, the respondents are directed to pay a salary of Rs.3900/- per month to the petitioner for the work of sweeping and cleaning, as per Section 3 of the Minimum Wages. The entire exercise shall be completed within a period of eight (08) weeks from the date of receipt of a copy of this order.
9. With the above observation, the Writ Petition is allowed. No order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
___________________________ Dr. K. MANMADHA RAO, J Date:06.05.2022 HS/Gvl 7 THE HON'BLE Dr.JUSTICE K. MANMADHA RAO W.P.No.12181 of 2012 Date: 06.05.2022 HS/Gvl 8