MADRAS METROPOLITAN SEWERAGE BOARD EMPLOYEES PROGRESSIVE UNION Vs. MADRAS METROPOLITAN WATER SUPPLY AND SEWERAGE BOARD

JUDGEMENT

(1.) This writ petition has been filed by Madras Metropolitan Sewerage Board Employees Progressive Union against the Madras Metropolitan Water Supply and Sewerage Board and the State of Tamil Nadu for quashing the notification dated 29.3.1995 issued by the first respondent calling for tenders from contractors to undertake the operation of maintenance work and water supply system of the first respondent Board.

(2.) The first respondent is a statutory Body constituted under the Madras Metropolitan Water Supply and Sewerage Act. The purpose and object of the first respondent Board is to deal with water supply and sewerage services. It is the case of the petitioner union that from inception only permanent and regular workers are being employed to undertake the operation and maintenance of pumping stations. However, in 1995, the first respondent Board has issued a notice calling for tenders from contractors to engage them in the matter relating to operation and maintenance of pumping stations. The petitioner has challenged the aforesaid tender notice mainly on the ground that this will introduce the contract labour system which is intended to be abolished under The Contract Labour (Regulation and Abolition) Act, 1970. It is also contended that entrustment of work through contract labour system is likely to affect the service conditions of the existing employees and they are likely to be retrenched and their prospect of promotion is likely to be affected and as such no such notice could have been issued in violation of Section 9A of the Industrial Disputes Act.

(3.) A counter affidavit has been filed on behalf of the first respondent wherein it is indicated that under Section 6(1) and 6(2)(ix) of the Madras Metropolitan Water Supply and Sewerage Act, 1978, under which the Board has been established, the Board is authorised to entrust any of its work to contractors and accordingly in 1992 the work of operation and maintenance of pumping stations have been entrusted to contractors which having been found to be efficient and economical and on the basis of such beneficial experience, the Board has decided to entrust the operation and maintenance of other pumping stations to the contractors. It has been further submitted that neither in the past nor in the present the Board has decided to retrench any of the existing employees and surplus employees if any would be deployed in the appropriate department.