BALLARI THERMAL POWER STATION Vs. LABOUR INSPECTOR

JUDGEMENT

(1.) This top noted writ petition is filed seeking writ of certiorari to quash the impugned order dated 28.02.2019 as per Annexure-L passed by respondent No.2 insofar as petitioner is concerned and consequential prayer is sought to dismiss the claim application No.CR 129/2016-17 against the petitioner.

(2.) The brief facts leading to this top noted writ petition are as under: Petitioner is a unit of Karnataka Power Corporation Ltd., a Government of Karnataka Enterprise and is registered under the provisions of Section 7(2) of the Contract Labour (Regulation and Abolition) Act, 1970. The petitioner is a coal handling plant units. The case of the petitioner before this Court is that for the purpose of routine and break down maintenance and also in respect of other sub units and areas, a tender notification was issued in 2015 calling for tenders for the whole year of 2016. Respondent No.3 was one of the participant and successful bidder. The case of the petitioner is that, tender of respondent No.3 was accepted and consequent to acceptance, work order dated 31.12.2015 as per Annexure-A was issued thereby entrusting respondent No.3 the work of conducting routine and breakdown maintenance work in respect of aforesaid areas 1 and 4 for a period from 01.01.2016 to 31.12.2016. The case of the petitioner is that, both the parties have entered into an agreement on 20.01.2016 as per Annexure-B.

(3.) The petitioner has contended in para 4 of the writ petition that Clause 10.15 contemplates payment of salary and wages and the contractor is required to follow the provisions of the Minimum Wages Act , 1948. In the subsequent clauses, there are several conditions relating to wages of the employees and deduction as required under the Minimum Wages Act , 1948. The petitioner has also placed on record the licence issued by respondent No.2 in favour of respondent No.3 as per Annexure-C which also stipulates that it is respondent No.3 who is required to pay the wages not less than the rates under the Minimum Wages Act , 1948. A specific averment is made at para 5 of the writ petition by the petitioner contending that, it has never received any complaint regarding non-payment of wages as required. Respondent No.1-Labour Inspector pursuant to spot inspection has filed an application before respondent No.2-authority under the provisions of Minimum Wages Act , 1948 with a prayer to issue direction to the petitioner as well as respondent No.3 to pay a sum of Rs.3,69,564/- as a difference amount of wages payable to 44 workers. The authorities having received the application, issued notice to the present petitioner as well as respondent No.3. Petitioner on receipt of notice appeared and filed statement.