V.B. MALLIKESHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) All these writ petitions were earlier disposed of by this Court by various orders, however, the State had filed W.A. No. 1815/2009 and connected matters. The Division Bench of the Court after hearing both the sides by order dated 18.06.2012 set aside the orders passed by the learned single Judges in these writ petitions, on the ground that the State was not heard in the matter and accordingly, the matters were placed before the learned single Judge for fresh disposal. That is how these matters are again posted before me. Petitioners in all these writ petitions claim that they were appointed by the Management/Principal on daily wages as Accountant, Cooks, Assistant Cooks, Attenders, etc., in respect of hostel attached to the aided colleges. The Management was providing hostel and food facilities for Scheduled Caste/Scheduled Tribe and Backward Class Students of post-matriculation. Petitioners were appointed with effect from 01.06.1982 onwards. They have rendered more than 26 years of service, however, their services were not regularised nor they were paid minimum wages even after the State Government issuing notification dated 20th December 2001, fixing the minimum wages for Cooks, Accountants, etc., working in the residential hostels. In this regard, the petitioners had made a demand for fixing of minimum wages, however, their request has been rejected. Thereafter, some of the similarly placed employees had approached this Court in W.P. No. 43674/2004 as against the rejection of grant of minimum wages (the employees in hostel meant for SC/ST and Backward Classes) and the said writ petitions were allowed, wherein this Court by order dated 20th September 2006 quashed the circular withdrawing the minimum wages to the employees working in residential hostels and directed the respondents to continue to pay the minimum wages as drawn by the petitioners from 2003 onwards with consequential benefits. Relying on the said decision, these petitioners also sought for issue of writ of mandamus directing the respondents to pay minimum wages by extending the benefits of the orders passed by this Court in W.P. No. 17591/2004 and W.P. No. 43674/2004 dated 20th September, 2006, which order has been implemented by the District Social Welfare Officer, Chamarajanagar, by order dated 24th March, 2007.

(2.) After these writ petitions were placed again for hearing, the State has filed the detailed objections inter alia contending that, the petitioners are not employed by the, State. There is no document to show that any of the appointment is made by the State or State Authority. The hostel is not admitted to any grant-in-aid nor the appointments of the petitioners are admitted to any grant by the Government. Hostels are run by the Private Educational Institutions, in turn, the Private Educational Institutions have employed the petitioners, as such, there is no relationship of employer and employee between the petitioners and the State nor they are the sanctioned post or approved by the Government. However, the Government grants financial assistance to the Management towards the maintenance and establishment of hostels for SC/ST and backward classes. It is the Management who engaged the services of the Accountants, Cooks, Assistant Cooks, Attenders, etc. Some of the recognized institutions, which run the hostels were provided with the grant towards maintenance and establishment. Such grant is utilized for various purposes by the Management. Except this, there is no relationship between the Private Management and the State.

(3.) What is claimed by the petitioners is minimum wages in terms of Gazette dated 11th December, 2001. If there is any claim for payment of minimum wages against the employer, such claim is required to be made under Section 20 sub-section (2) of the Minimum Wages Act, before the Controlling Authority under the said Act. Hence, the Writ Petitions for grant of minimum wages is not maintainable much less against the Government. It is stated that, there is no sanctioned grant for post-matriculation, college hostels in the Department of Social Welfare of the State, there is no head of accounts in the Social Welfare Department to sanction a grant-in-aid for any post-matriculation or college hostel in the State of Karnataka. The Government of India sanctions the scholarship to the students belonging to; SC/ST, the State sanctions the extra boarding ' and lodging charges to the SC/ST students studying in private hostels, managed by the private management.