M.P. BIJALI METER READERS KARMACHARI SANGH AND ORS. Vs. THE STATE OF ADVISORY CONTRACT LABOUR BOARD AND OTHERS

JUDGEMENT

(1.) The petitioners are an association of meter readers who have been engaged pursuant to an agreement entered into by them for the purposes of meter reading on contract basis. It is stated that the petitioners were initially engaged for a period of three years which period was subsequently been extended further by three years but no extension thereafter has been made and the respondents/authorities have now issued the impugned advertisements dated 21.11.2014 and 24.2.2015 seeking to make fresh engagement of meter readers on contractual basis by entering into an agreement with them. In the present petitions the petitioners have stated that they have also filed an application before the State Advisory Contract Labour Board constituted under Sec. 4 of the Contract Labour (Regularization and Abolition) Act 1970 against the respondents but no decision thereon has been taken. On the basis of the aforesaid contentions, the petitioners have filed the present petitions praying for quashing of the impugned advertisements; to prohibit the respondents from out sourcing the work of meter readers through service providers; to declare the members of the petitioner/union who have completed more than 240 days of service as permanent and regular employees entitled to all benefits of permanent/regular employee and to declare the action on the part of the respondents authorities to engage meter readers on contract basis as illegal.

(2.) The issue raised by the petitioners have a checkered history inasmuch as similar issues have been raised before this Court since 2006 and various orders in that regard have already been passed and in one of the cases which has been referred to by the petitioners, W.P. No. 1110/2009 this Court has relegated the petitioners to take up remedies before the Labour Court, pursuant to which the petitioners have taken the issue before the Labour Court which is pending adjudication.

(3.) The learned counsel for the petitioner when confronted with the aforesaid aspect of pendency of the litigation before the Labour Court and the Board has insisted upon perusing the present petitions regardless of consequences of the decision of the present petitions on the issue pending before the labour court as it is stated that the respondents/authorities are engaging persons on contract basis afresh and are also out sourcing the work of meter readers and therefore, in any case they should be prohibited from doing so till the decision by the Labour Court.