HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.35798 of 2014 Date : 2-12-2014 Between:
M/s. Amfahh Weighing Services, Represented by its sole proprietor Sikander Ali Mirza and another .. Petitioners And State of Telangana, Department of consumer Affairs, Food and Civil Supplies (Legal Metrology), Secretariat, Hyderabad and others .. Respondents Counsel for petitioners : Ms. N. Sumalini Reddy Counsel for respondents : Government Pleader for Civil Supplies (TS) The Court made the following ORDER:
This Writ Petition is filed with the grievance that respondent No.2 has not substituted the name of Ms. Sabika Fatima as Skilled Worker in place of Mohd. Iftekar Nawaz in petitioner No.1’s Repairing Licence. The petitioners have also questioned Memo No.Licenses- 2/L1/2014, dated 21-10-2014 of respondent No.2 whereby he has informed the petitioners that there is no provision for inclusion of skilled workers in Repairing Licences under the A.P. Legal Metrology (Enf) Rules 2011.
On 25-11-2014, this Court has passed the following order :
“Learned Government Pleader for Civil Supplies (Telangana State) fairly stated that the petitioners may produce Ms. Sabika Fathima, the alleged qualified skilled worker attached to petitioner No.1 before respondent No.2 for consideration of renewal of the petitioners’ licence for undertaking heavy repair works of weighing machines, in order to re-consider his decision in terms of Rule 11 of the A.P. Legal Metrology (Enforcement) Rules 2011.
Ms. N. Sumalini Reddy, learned Counsel for the petitioners, agrees for this course and submitted that the petitioners will produce the skilled worker before respondent No.2 on 26-11-2014 itself.
Post on 2-12-2014.”
Today, at the hearing, the learned Government Pleader for Civil Supplies (TS) has placed before the Court proceedings of respondent No.1 whereby while renewing the petitioner No.1’s licence, he has deleted the name of Mohd. Iftekar Nawaz as skilled worker while retaining the name of Sikander Ali Mirza.
Ms. Sumalini Reddy, learned Counsel for the petitioners, has submitted that the necessity of substitution of the name of Ms. Sabika Fatima arose, as the Skilled Worker, namely, Mohd. Iftekar Nawaz has left the petitioner No.1-organisation and that in the absence of any prohibition, the petitioners are entitled for substitution of a Skilled Worker with another skilled worker.
A perusal of the impugned Memo would show that respondent No.2 has informed the petitioners that there is no provision for inclusion of Skilled Workers in the Repairing Licence. In the renewed licence made by respondent No.2, against the column “Name of the skilled worker” the names of Sikander Ali Mirza and Md. Ifthakar Nawaz, are mentioned. However, the name of Mohd. Iftekar Nawaz has been deleted by rounding off the same, by indicating with red ink, that the said name is deleted. In the context in which respondent No.2 has used the phrase “inclusion” in the impugned Memo, suggests that what he meant is that there is no provision for substitution of skilled workers in Repairing Licences. It is not uncommon that individual workers often keep changing their employment from one employer to another. Thus, there is always a contingency of a skilled worker leaving the employment. Even in the absence of a rule permitting substitution of a skilled worker with another skilled worker, a rational and realistic view needs to be taken by the licensing authority. If substitution of a skilled worker is not permitted, the activities of the licencee may come to a grinding halt with the death or discontinuance of the existing skilled worker. Such a consequence is never envisaged by the Legislature. In the absence of any prohibition for substitution, the licensing authority is not precluded from substituting the Skilled Worker if he is satisfied with the qualifications of such Skilled Worker.
For the above mentioned reasons, respondent No.2 is directed to reconsider the petitioners’ request for substitution of Ms. Sabika Fatima subject to her fulfilling the prescribed qualifications. Respondent No.2 shall issue notice to Ms. Sabika Fatima and after examining her qualifications, he shall take a decision for her substitution in place of Mohd. Iftekar Nawaz. Respondent No.2 shall complete this exercise within a period of two weeks from the date of receipt of this order. The Writ Petition is accordingly allowed.
As a sequel to the disposal of the Writ Petition, WPMP Nos.44809, 44810 and 44811 filed for interim reliefs are disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 2-12-2014 L.R. copies AM