ANANDA Vs. KARNATAKA ELECTRICITY BOARD BANGALORE

JUDGEMENT

(1.) The controversy to be adjudicated in these writ petitions relates to claim of equality prayed for by a group of workers who are working in a canteen attached to the office of the 1st respondent. The allegation runs as follows.

(2.) The petitioners are working in the Karnataka Electricity Board Canteen established by the 1st respondent for benefit of its employees numbering around 800 working in the Karnataka Electricity Board Office in Cauvery Bhavan. They claim that they are the lowest paid employees and their salary is not on par with other employees of the Karnataka Electricity Board. Since their numerical strength is negligible, they allege that no trade union is willing to sponsor their cause. The canteen is catering the need of nearly 800 employees working in the premises of the 1st respondent in Cauvery Bhavan in Bangalore during the office hours. The petitioners allege that they have been working since 1985-86. According to the petitioners the canteen is being run by the 2nd respondent who is appointed by the 1st respondent. The 2nd respondent consists of officers and employees of the Karnataka Electricity Board. The petitioners allege that the committee is running the canteen under the control and guidance of the 1st respondent. The capital is furnished by the 1st respondent; the premises belongs to the 1st respondent so also the movables and other property belong to the 1st respondent. The accounts are audited by the 1st respondent. According to them the 1st respondent virtually controls the running of the canteen. They have alleged that there are posts similar to that of held by the petitioners namely Canteen Manager, cook-cum-butler in the Board service. They are paid the following salary: Canteen Manager : Rs. 1,300 3,535/- Cook-cum-butler : Rs. 1,015 2,050/- Besides these employees are entitled to Dearness Allowance and other benefits. In contrast among the petitioners the highest salary inclusive of Dearness Allowance and other perquisites is Rs. 753.50 and the lowest is Rs. 541.80. They also submit that the lowest paid worker in Karnataka Electricity Board received Rs. 2,000/- besides Dearness Allowance. They allege that several representations made by them to the 1st respondent have been of no avail. The employer is not paying even the minimum wages as per statute. Minimum wages payable to cleaners and such categories would be Rs. 568.60 + Rs. 143.25. This shows how their claim is neglected. The petitioners have therefore prayed for the following relief.

(3.) Detailed statement of objection has been filed by the 1st respondent. They deny the claim of the petitioners. The principal contention is that the petitioners have not been appointed by the 1st respondent and that therefore they cannot claim wages on par with the employees of the Karnataka Electricity Board. The Karnataka Electricity Board provides, premises, furniture, power, water and light to run the canteen free of charge as a gesture of good-will. A limited amount of the seed money is also sanctioned to run the canteen which is being run by the Managing Committee. The 1st respondent has no responsibility or liability in respect of the management. The petitioners were appointed by the Managing Committee the 2nd respondent and therefore they cannot have any claim against the Karnataka Electricity Board. There are no corresponding posts in the Karnataka Electricity Board. There is no comparison between the canteen employees and minimum wages paid to the lowest grade official of the Karnataka Electricity Board. The canteen employees are paid wages in accordance with the Minimum Wages Act. Thus the main stress of the contention urged by the 1st respondent is that the canteen employees cannot look upon the Karnataka Electricity Board as its employer as all of them have been appointed by the Canteen Committee running the canteen.