Madras High Court
The Branch Secretary For vs The Secretary on 7 June, 2019
Author: V.M.Velumani
Bench: V.M.Velumani
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.06.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P.No.738 of 2012
and
M.P.No.1 of 2012
The Branch Secretary for
North Chennai Thermal Power Station,
Central Organization of Tamilnadu
Electricity Employees Union,
BTR Ninaivagam,
Athipatttu Pudhu Nagar,
Chennai – 600 120. .. Petitioner
Vs.
1.The Secretary,
Government of Tamilnadu,
Labour and Employment Department,
Fort St. George,
Chennai – 600 009.
2.The Chief Engineer (Personnel),
Tamilnadu Generation and Distribution Corporation,
No.144, Anna Salai,
Chennai – 600 002.
3.The Chief Engineer,
Tamilnadu Generation and Distribution Corporation,
North Chennai Thermal Power Station,
Athipattu,
Chennai – 600 120.
4.Deputy Chief Inspector of Factories,
Thiruvatriyur,
Chennai – 600 019. .. Respondents
http://www.judis.nic.in
2
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, praying for issuance of a writ of Mandamus directing the
respondents 1 and 4 to initiate criminal action against the respondents 2
and 3 and also their sub-ordinate officials and the contractors for not
implementing the provisions of the Contract Labour (Regulation and
Abolition) Act, 1970 and the Factories Act, 1948 and the Rules made
there under with regard to welfare measures and maintenance of
records and forms and to ensure that the welfare measures are
extended to the contract labourers employed in North Chennai Thermal
Power Station and that the records and forms are maintained as
provided and required under law.
For Petitioner : Mr.V.Ajoy Khose
For RR1 and 4 : Mr.R.S.Selvam
(Government Advocate)
For RR2 and 3 : No appearance
ORDER
The present Writ Petition is filed for issuance of a writ of Mandamus directing the respondents 1 and 4 to initiate criminal action against the respondents 2 and 3 and also their sub-ordinate officials and the contractors for not implementing the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and the Factories Act, 1948 and the Rules made thereunder with regard to welfare measures and http://www.judis.nic.in 3 maintenance of records and forms and to ensure that the welfare measures are extended to the contract labourers employed in North Chennai Thermal Power Station and that the records and forms are maintained as provided and required under law.
2.The grievance of the petitioner is that even after abolition of contract labour system with effect from 01.05.1999, the respondents 2 and 3 are engaging contract labourers. In pursuant to policy decision taken by the first respondent, by B.P.No.17 dated 29.04.1999, the contract labour system was abolished with effect from 01.05.1999. All the contract labours were absorbed as regular Helpers with effect from 01.05.1999. The direction was issued not to engage contract labourers with effect from 01.05.1999. Earlier the first respondent by G.O.Ms.No.950, Labour and Employment, 8th August, 1990, prohibited contract labour system in 19 processes/work in the Board. Out of 19 processes/work, 15 work comes within the operation and maintenance area of Thermal Power Stations. In spite of the same, the respondents 2 and 3 are engaging contract labours after 01.05.1999. The respondents 2 and 3 are not maintaining registers and not implementing the welfare measures contemplated in Factories Act, 1948 and also in the Contract Labour (Regulation and Abolition) Act, 1970. They are not issuing the http://www.judis.nic.in 4 identity card, wage slips and are not paying proper wages to contract labourers. The petitioner has given complaint to the respondents 1 and 4 against the respondents 2 and 3 for the above violation and the respondents 2 and 4 have not taken any action and hence the petitioner has come out with the present Writ Petition.
3.Heard the learned Government Advocate appearing for the respondents 1 and 4 and perused the entire materials on record. Though respondents 2 and 3 entered appearance through counsel, when the matter is taken up today for final disposal, there is no representation.
4.From the counter affidavit filed by the fourth respondent, it is seen that the respondents 2 and 3 are not directly engaging any contract labourers after 01.05.1999. On the other hand, they have engaged contractors who are registered with fourth respondent as per the provisions of Contract Labour (Regulation and Abolition) Act, 1970. The fourth respondent has issued license as per the Act. According to respondents 2 and 3, the contractor namely, Chennai Radha Engineering Works (P) Ltd., is engaging only 247 workers and Arun Industries are engaging only 20 employees and not 800 or 500 as alleged by the http://www.judis.nic.in 5 petitioner. The contractors/employers are maintaining muster rolls, wage register, employment register and identity card is issued by the contractors to the labours and the same is acknowledged by labours. The fourth respondent is regularly visiting the premises of respondents 2 and 3 and contractors are producing wage registers before the fourth respondent. The contract labours are paid wages as per P.W.D. rates fixed by the District Collector, Thiruvallur, from time to time. From the counter affidavit filed by the fourth respondent, it is seen that the fourth respondent has inspected the premises of respondents 2 and 3. The safety, health and welfare measures are maintained by the contractors and if any violation is found, the fourth respondent has issued show cause notice and also launch prosecution. The fourth respondent has mentioned that on 07.01.2011 and when some violations were found, show cause notices were issued and prosecution is launched.
5.The fourth respondent has further stated that generation of power is scheduled employment under Minimum Wages Act, 1935 and therefore payment of wages under the said Act does not arise. The fourth respondent has stated in the counter affidavit that when violation in implementing the welfare measures, show cause notices were issued. From the counter affidavit filed by the respondents 2 and 3, it is seen http://www.judis.nic.in 6 that the coal transportation and conveyor maintenance work is not covered under 19 prohibited works as per G.O.Ms.No.950, Labour and Employment, 8th August, 1990.
6.In view of the above, the relief sought for in the Writ Petition is being implemented by the fourth respondent and therefore nothing survives in the Writ Petition and this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
07.06.2019
krk
Index : Yes
Intenet : Yes
http://www.judis.nic.in
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To
1.The Secretary,
Government of Tamilnadu,
Labour and Employment Department,
Fort St. George,
Chennai – 600 009.
2.The Chief Engineer (Personnel),
Tamilnadu Generation and Distribution Corporation, No.144, Anna Salai, Chennai – 600 002.
3.The Chief Engineer, Tamilnadu Generation and Distribution Corporation, North Chennai Thermal Power Station, Athipattu, Chennai – 600 120.
4.Deputy Chief Inspector of Factories, Thiruvatriyur, Chennai – 600 019.
http://www.judis.nic.in 8 V.M.VELUMANI, J.
krk W.P.No.738 of 2012 and M.P.No.1 of 2012 07.06.2019 http://www.judis.nic.in