DALITJATHI LABOUR CONTRACT CO OP SOCIETY HYDERABAD Vs. COMMISSIONER L B NAGAR MUNICIPALITY RANGA REDDY DISTRICT

JUDGEMENT

(1.) These writ petitions were heard at length at the admission stage and, therefore, being disposed of by this common order as the background of facts and questions for consideration are similar.

(2.) The two petitioners represent people belonging to weaker sections, Scheduled Castes and various communities engaged in scavenging work. The Government of Andhra Pradesh vide G.O. Ms. No.30, Municipal Administration and Urban Development Department, dated 18-6-2000 considered the request of A.P. Municipal and Panchayat Workers Federation, Guntur for entrustment of sanitation works to the societies formed with erstwhile sanitation workers, Scheduled Castes, Scheduled Tribes and Backward Classes and DWACRA groups formed by workers unions. The Government ordered that tender conditions may be relaxed as the societies are experienced in sanitation work. The Government directed all the Municipalities in the State 'to entrust a portion of the sanitation work' to such societies formed by the sanitation workers unions without participating in the tenders so that efficiency in sanitation may be improved.

(3.) In W.P. No.7040 of 2003 filed by Dalit Jathi Labour Contract Co-operative Society, a short tender notification dated 30-4-2003 issued by L.B. Nagar Municipality, the first respondent herein, inviting tenders for doing sanitation work zone wise for the financial year 2003-2004 under privatisation is challenged. In the other writ petition filed by Sri Venkata Sai Scheduled Caste Labour Welfare Society, a similar short tender notice inviting tenders from labour contractors for lifting garbage by engaging contractors for the same financial year zone wise in L.B. Nagar Municipality is challenged. The only contention raised is that in accordance with G.O. Ms. No.30, dated 18-6-2000 there is an obligation on the Municipality to allot 15% of such work to the sanitation workers unions without participating in the tenders. There cannot be any dispute that by reason of Section 387A of the A.P. Municipalities Act, 1965 ('the Act'), it is competent to the Government of Andhra Pradesh to give directions not inconsistent with the provisions of the Act or the Rules made thereunder. Section 326 of the Act enables the Government to make rules. This is not disputed.