VENKATESH Vs. HUBBALLI-DHARWAD MUNICIPAL CORPORATION

JUDGEMENT

(1.) This petition is filed by the petitioner seeking writ of mandamus to consider his representation dtd. 1/4/2023 vide Annexure-H.

(2.) It is the case of the petitioner that he is an authorized cleaning contractor of Hubballi-Dharwad Municipal Corporation (hereinafter referred as 'HDMC' for brevity) providing the civil workers (Cleaning and Sanitization Labors) for ward No.70 of HDMC. Petitioner contends that he has been rendering service to respondent No.1 without any grievance or complaints and had gained good experience. The term of contract of the petitioner was renewed from year to year. The terms and conditions relating to the work contract between petitioner and respondent No.1 is by way of contract basis of monthly salary. The grievance of petitioner is that he has not been paid monthly salary as per the contractual terms and conditions. There are some grievances with regard to including or appointing 8 new civil workers/laborers for cleaning and sanitization which this Court does not intend to go into details. Petitioner made a representation to the respondent No.1 requesting continuation of 30 civil workers at ward No.70 and clearing the bills towards payment of 30 civil workers from December-2022 till date. Respondent no.1 having received the representation has not replied or complied with the request/representation made by the petitioner till date. The representation was given on 1/4/2023. In view of non payment of salary bill for the work done by the petitioner and being left with no other alternative, petitioner is before this Court.

(3.) Learned panel counsel Shri G.I.Gachchinamath, representing respondent Nos. 1 to 3 contends that they would consider the representation if reasonable time is granted as per the terms and conditions of the contract. Under the above circumstances, it is appropriate to pass the following: