S.VAIDYANATHAN,J., The petitioner has filed the present writ petition, seeking for a direction to the respondents 1 and 2 to pay the minimum / scale salary of the permanent Conservancy / Sanitation Workers to the National Urban Livelihood Mission (NULM) workers, working in Zone-7, Unit – 20, Division – 92 of the Greater Chennai Corporation with retrospective effect.
WP No.8281 of 2021
and WMP.Nos.8820 & 8822 of 2021
UZHAIPPOR URIMAL IYAKKAM
(REGN NO 3077 CNI) REP BY ITS PRESIDENT K. BHARATHI 23A, MARIAMMAN KOVIL STREET KALYANAPURAM , AMBATTUR CHENNAI- 53 — Petitioner THE COMMISSIONER
GREATER CHENNAI CORPORATION RIPPON BUILDING CHENNAI- 3
THE SECRETARY TO GOVERNMENT
MUNCIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT FORT.ST.GEORGE CHENNAI- 9
Prayer: Directing the Respondents 1 and 2 to pay the minimum/ Scale salary of the Permanent Conservancy/ Sanitation workers to the NULM Conservancy/ Sanitation workers working in Zone- 7 unit- 20 Division-92 of the Greater Chennai Corporation with retrospective effect.
Prayer (WMP.No.8820)
To Grant ad Interim injunction restraining the Respondent from outsourcing Conservancy/ Sanitation work carried out by NULM workers working in Zone- 7 unit- 20 Division-92 of the Greater Chennai Corporation pending disposal of the above Writ Petition.
Prayer (WMP.No.8822)
To grant an ad Interim injunction restraining the Respondents from either terminating, ousting or stooping the Services of NULM Conservancy/ Sanitation workers working in Zone- 7 unit- 20 Division-92 of the Greater Chennai Corporation as a consequence of outsourcing pending disposal of the above Writ Petition.
S.VAIDYANATHAN,J.,
The petitioner has filed the present writ petition, seeking for a direction to the respondents 1 and 2 to pay the minimum / scale salary of the permanent Conservancy / Sanitation Workers to the National Urban Livelihood Mission (NULM) workers, working in Zone-7, Unit – 20, Division – 92 of the Greater Chennai Corporation with retrospective effect.
2. It is submitted that the Petitioner-Iyakkam is representing the Conservancy / Sanitary workers, numbering 1457, working in Ambattur Zone-7 on non-permanent basis under the (NLUM). It is further submitted that they are Corona Warriors in the society and with the risk of their lives, they have been cleaning the streets, lakes etc., and that under the guise of outsourcing, the respondents are contemplating divesting of their duties. According to the Petitioner-Iyakkam, the workers have been engaged on contract basis / outsoursing and therefore, they are entitled to equal pay for equal work and shall not be disengaged by any means.
3. Ms.Karthika Ashok, learned Standing Counsel takes notice for the respondents and submits that there is a scheme, namely, National Urban Livelihood Mission (NLUM) Scheme and two persons namely URBASER and RAMKAY are entrusted with the work and each worker has been engaged through them, by signing with the contract and they are not direct employees. Corporation is not aware about the actual number of employees deputed by the Contractors and depending upon the exigency of work, their services have been utilised. The details of the workers cannot be identified, as they are not direct employees and at the time of recruitment, it is left to the discretion of the Corporation to decide whether the appointment be made on direct labour or Contract Labour or outsourcing mode and the methodology of recruitment cannot be questioned by the petitioner. The services of employees, who have been engaged through new / true Contractors, will be utilised for a period of next three months, provided they report for work as directed by the contractors.
4. Heard the learned counsel on either side and perused the material documents available on record.
5. The issues as to whether a) the workers / members of the Petitioner-Iyakkam have been engaged for several years; b) there is going to be outsourcing or c) they are employees of Contractors or not, cannot be gone into at this stage, for the purpose of granting interim relief. The employees / persons, who have been engaged now for the purpose of sanitary work and conservancy, cleaning streets, lakes etc., shall not be disturbed for a period of three months from today, as the information from the Government is that Corona virus is on the increase and that there is a second wave. Hence, the services of these persons are indispensable for the purpose of safety and health of every citizen of the State.
6. In this case, this Court has not gone into the question of appointment on direct labour, as pointed out by Mr.Kumarasamy, learned counsel for the petitioner. As far as the employees, who have been employed through the Contractors are concerned, their services can be utilised and need not be disengaged till the date of next hearing, so that after filing of counter, quietus can be given to.
7. In the meantime, it is needless to mention, it is open to the Petitioner-Iyakkam to approach the Authority under the Tamil Nadu Industrial Establishments Conferment of Permanent Status to Workmen Act, 1981, by making the Contractors as party to the lis, so that a decision can be arrived at in respect of the issue raised by the Petitioner-Iyakkam. This Court makes it very clear that if there is a contract between the Corporation and any third parties, the same shall continue, without prejudice to rights of both the parties in the writ petition. It is further made clear that if any person has not reported for work, as contented by the petitioner, they can get the details, so that there is no need to make payment for those persons. No permanent employee on the Roll of the Corporation will be treated as outsourcing employees. Status of the employees as on date shall be protected and in case those persons are employed through the contractors and if they do not report for work, as may be informed by the contractors, those persons need not be paid.
List this matter on 01.07.2021 for further hearing.
31.03.2021
