Dated: 29.04.2014 Between:
Visakhapatnam Port & Dock Mazdoor Sangh (Affiliated to BMS & BP & SMM) (Regd.No.D/1816/2000), Visakhapatnam Rep. by its Hon.President, Karra Bhavani Shankarudu s/o.late Jagannadham, aged 54 years, r/o.Ganesh Nivas, 45-38-6/6, Jagannadhapuram, Visakhapatnam and another And Government of India, Ministry of Shipping, New Delhi Rep.by its Secretary and another … Petitioners … Respondents This court made the following:
ORDER:
With the consent of the learned counsels for the parties, this writ petition is heard and disposed of by this order.
2. Petitioner is the union representing the workers working in Visakhapatnam Port Trust (VPT). Petitioner assail the invitation of tenders for qualification by VPT for upgradation of existing facility and creation of new facility for Iron Ore Handling (IOH) on Design, Build, Finance, Operate and Transfer (DBFOT) basis issued in October, 2012 on the ground that it violates Section 10 of Contract Labour (Regulation and Abolition) Act, 1970.
3. Learned counsel for petitioner Sri K.R.V.Reddy submitted that the entrustments of contract of iron ore handling to a private person is in violation of Section 10 of the Contract Labour (Regulation and Abolition) Act 1970 (Act 1970). As admitted by the respondents, consequent to entrustment of iron ore handling to a private party, the existing employees of Trust are to be removed from that place and to be deployed elsewhere. The private person has to engage his own employees to operate/handle Ore Handling Complex (OHC). It thus amounts to employing contract labour and entrustment of such work is prohibited by Section 10 of the Act, 1970. As section 10 of Act, 1970 prohibits employment of contract labour in any core activity and iron ore handling being core activity, engagement of labour to undertake such operations is hit by Section 10 of the Act, 1970.
4. Learned counsel further submitted that soon after the petitioner came to know about the proposal to entrust the work of iron ore handling to a private person, detailed complaint dated 03.04.2013 was filed with the Government of India. It is mandatory for the Government of India to consider the complaint and take a decision under the Act, 1970 and not taking a decision is illegal. As no decision is taken by the Government of India on the application filed by the petitioners union and the process of awarding contract was at advanced stage, this writ petition was instituted.
5. As the issue whether the awarding of contract of exclusive OHC to private company violates the Section 10 of Act, 1970 is pending consideration of Government of India. Learned counsel for petitioner also submitted that Government of India has to consider the complaint and pass orders. The contract is already awarded. Without expressing any opinion on merits, the writ petition is disposed of directing the first respondent to consider the said application/complaint filed by petitioner dated 03.04.2013 and pass appropriate orders as warranted by law by duly assigning reasons in support of the decision, within a period of six weeks from the date of receipt of copy of this order.
6. Miscellaneous petitions if any pending in this writ petition shall stand closed. There shall be no order as to costs.
JUSTICE P. NAVEEN RAO Date: 29.04.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.11343 of 2013 Date: 29.04.2014 kkm