GREATER VISAKHAPATNAM MUNICIPAL EMPLOYEES UNION; VMC STAFF & WORKERS UNION Vs. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION

JUDGEMENT

(1.) SINCE the issue involved in both the writ petitions is similar and identical, they are being disposed of by this common order.

(2.) W .P.No.38886 of 2014 is filed declaring the action of the respondents in entrusting the total sanitation packages to the 2nd respondent Union contrary to the resolution passed by the Municipal Corporation vide CR.No.42 of 2007, dated 03 -07 -2007.

(3.) THE case of the petitioner is that the petitioner Union is recognized vide Regd. No.3392 of 1969 and till 29 -11 -2014 the petitioner Union is the majority Union in GVMC, elections were conducted by the Deputy Commissioner of Labour, Visakhapatnam on 29 -11 -2014 and the 2nd respondent Union declared as elected as the respondent is majority Union since the 2nd respondent union has secured 1630 votes and whereas the petitioner union secured 1477 votes and 36 votes were declared as invalid and that the 2nd respondent Union was declared as majority Union vide Letter No.C/4144/214, dated 09 -12 -2014. It is stated that when the petitioner -union was the majority union, the 1st respondent council passed a resolution vide CR.No.79/2007, dated 30 -07 -2007 to allot sanitation work based on the votes polled in the elections and accordingly the notice Rc.No.2153/2007/F3, dated 19 -03 -2008 is issued allotting sanitation packages basing on the votes polled and that the Union does not execute the works, but proposes and recommends some societies for allotment of sanitation works and this was evolved as the regular employees are better equipped to handle the supervision etc., and that the payments are made directly to the respective workers accounts and the unions do not handle the money. It is further stated that the role of union is to recommend and see that the works are properly executed. The petitioner union challenged the said proceedings dated 19 -03 -2008 through W.P.No.6831 of 2008 wherein no interim orders are granted. Subsequently, the Municipal Corporation filed counter affidavit stating that as per the council resolution, the sanitation packages were allotted basing on the votes polled and in view of the said counter, the said writ petition was dismissed on 01 -04 - 2014. Now, contrary to the said resolution passed by the 1st respondent Corporation and the averments made in the counter in W.P.No.6831 of 2008, the 1st respondent Corporation is trying to allot the sanitation work to the 2nd respondent Union. Aggrieved by the same, the present writ petition is filed.