Management Of Karnataka Power ... vs The State Of Karnataka on 14 June, 2019

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Karnataka High Court

Management Of Karnataka Power ... vs The State Of Karnataka on 14 June, 2019

Bench: P.B. Bajanthri

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 14TH DAY OF JUNE, 2019
                        BEFORE

       THE HON'BLE MR. JUSTICE P.B. BAJANTHRI

        WRIT PETITION NOs.8910-11 OF 2011(L-RES)

BETWEEN:

MANAGEMENT OF KARNATAKA
POWER TRANSMISSION
CORPORATION LTD.,
CORPORATE OFFICE
CAUVERY BHAVAN
BANGALORE - 560 009

REPRESENTED BY ITS
MANAGING DIRECTOR.
                                         ... PETITIONER

(BY SRI. B.C. PRABHAKAR., ADVOCATE)

AND:

1.    THE STATE OF KARNATAKA
      REPRESENTED BY ITS SECRETARY
      DEPARTMENT OF LABOUR
      DR. B.R. AMBEDKAR ROAD
      BANGLAORE - 560 001.

2.    K.P.T.C.L./E.S. COM. LTD
      WORKERS WELFARE ASSOCATIONR®
      REPRESENTED BY ITS PRESIDENT
      C/O RAMESH BUILDING
      NO.3/1, 4TH CROSS, C.I.L LAYOUT
      CHOLANAYAKANAHALLY
      R.T. NAGAR, BANGALORE - 560 032.
                                       ...RESPONDENTS

(BY SRI. A.C. BALRAJ., HCGP FOR R-1;
SRI. K.R. NAGENDRA., ADVOCATE FOR R-2)
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     THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR RECORDS LEADING TO THE ISSUANCE OF THE
NOTIFICATION   DATED:07.02.2011   BY   THE   FIRST
RESPONDENT VIDE ANNEXURE-G AND QUASH THE
NOTIFICATION DATED: 07.02.2011 ISSUED BY THE FIRST
RESPONDENT VIDE ANNEXURE-G.

     THESE PETITIONS COMING ON FOR HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:

                       ORDER

Petitioners have assailed the notification of the first respondent dated 07.02.2011 by which first respondent has invoked sub-section (1) & (2) of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 (for short 'CLRA Act') and cancelled the contract labour system in KPTCL/ESCOM sub-stations in the shift engineers/operators division.

2. Learned counsel for the petitioner vehemently contended that impugned notification issued by the Government dated 07.02.2011 is not in accordance with sub-section (1) & (2) of Section 10 of the CLRA Act. It was submitted that four (4) criterias stated in the 3 aforesaid statutory provisions has not been appraised before issuance of notification dated 07.02.2011. Therefore, there is a non compliance of sub-section (1) & (2) of Section 10 of the CLRA Act.

3. Learned counsel for the first respondent resisted the aforesaid contention while supporting the notification dated 07.02.2011 and submitted that with reference to sub-section (1) & (2) of Section 10 of the CLRA Act the State Government has considered the factual aspect of the matter before cancellation of the contract labour system, which is adopted by the petitioner in the sub-stations in particularly shift engineers/operators division. Hence, no interference is called for.

4. Perusal of the notification dated 07.02.2011 (Annexure-G) cancellation of the contract labour system in the sub-stations of KPTCL/ESCOM in particularly shift engineers/operators division, there is no consideration in respect of the criteria laid down under 4 sub-section (1) & (2) of Section 10 of the CLRA Act. Section 10(1) & (2) of the CLRA Act reads as under:

"10. Prohibition of employment of contract labour.-- (1) Notwithstanding anything contained in this Act, the appropriate Government may, after consultation with the Central Board or, as the case may be, a State Board, prohibit, by notification in the Official Gazette, employment of contract labour in any process, operation or other work in any establishment."

(2) Before issuing any notification under sub-section (1) in relation to an establishment, the appropriate Government shall have regard to the conditions of work and benefits provided for the contract labour in that establishment and other relevant factors, such as--

(a) whether the process, operation or other work is incidental to, or necessary for the industry, trade, business, manufacture or occupation that is carried on in the establishment;

(b) whether it is of perennial nature, that is to say, it is of sufficient duration having regard to the nature of industry, trade, business, manufacture or occupation that is carried on in that establishment;

            (c)    whether it is done ordinarily
       through      regular       workmen       in    that

establishment or an establishment similar thereto;

(d) whether it is sufficient to employ considerable number of whole-time workmen.

Explanation.--If a question arises whether any process or operation or other work is of perennial nature, the decision of the appropriate Government thereon shall be final."

5. In notification dated 07.02.2011 there is no ingredients in respect of the aforesaid criteria for cancellation of the contract labour system by the petitioner in its sub-stations (shift engineers/operators division). Thus, it is evident that there is a non compliance to the statutory provisions of Section 10(1) & (2) of the CLRA Act. Hence, notification dated 07.02.2011 is set aside reserving liberty to the first respondent to examine whether criteria laid down under sub-section (1) & (2) of Section 10 of the CLRA Act and relevant material are available. In such an event liberty is reserved to pass afresh order. Accordingly notification dated:07.02.2011 is set aside (Annexure-F).

With the above observation, petition stands allowed.

Sd/-

JUDGE DR

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