Writ petition by a labour union seeking direction not to reduce contract workers or change contract award modalities. Court held that no tender notification was issued, hence petitioners have no right to seek Mandamus at this stage and dismissed the petition.
Writ petition dismissed.
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HON'BLE SRI JUSTICE R. SUBHASH REDDY
WRIT PETITION No.11659 of 2012
Date : 03.07.2012
Between :
V.M.C.Contract Workers & Labour Union, Municipal Corporation of Visakhapatnam, rep. by its President.
…..Petitioner
And
Government of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development Department & another.
…..Respondents
HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.11659 of 2012
ORDER :
Petitioner is the Contract Workers Labour Union. In this writ petition, it seeks directions by way of Mandamus directing the 2nd respondent to consider the representations dated 23rd January 2012 and 15th March 2012, submitted by it, before issuing tender notifications for execution of works in the 2nd respondent-Municipal Corporation.
In the affidavit filed in support of the writ petition, it is stated that the members of the petitioner-Union are the contract workers working in the water supply division of Greater Visakhapatnam Municipal Corporation. It is stated that when minimum wages were not paid to them, earlier, they approached this Court by filing a writ petition in W.P.No.29587 of 2010, wherein, directions were issued to pay wages in accordance with the notification issued under the provisions of the Minimum Wages Act.
In this writ petition, it is the grievance of petitioner that in view of the earlier orders passed by this Court, respondents are trying to reduce the number of workers and to change the modalities for award of works on contract basis.
It is for the respondents to decide as to what number of employees should be engaged on contract basis, having regard to the exigencies and requirement for such engagement. So far, no tender notification is issued by the respondents, therefore, even before any such tender notification is issued, petitioner has no right to seek for any Mandamus either to reduce or not to reduce the number of workers.
For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. However, if there are any works in the 2nd respondent-Corporation, this will not preclude the respondents from notifying such works and awarding the same to the members of the petitionerUnion. No order as to costs.
As a sequel, WPMP.No.14688 of 2012 also stands dismissed.
______________________ R. SUBHASH REDDY, J
3rd July 2012 ajr
2 issues framed by the court
Whether a labour union can claim a right to Mandamus directing the respondent not to reduce contract workers before any tender notification is issued.
Whether the petition challenging the reduction of workers or change in award modalities has merit prior to the tender notification process.
V.M.C. Contract Workers & Labour Union, Municipal Corporation of Visakhapatnam
Government of Andhra Pradesh
Principal Secretary, Municipal Administration and Urban Development Department
R. SUBHASH REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
