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2013 Supreme(Mad) 2576
High Court of Judicature at Madras
M. VENUGOPAL, J.
Tamil Nadu Government Press General Workers Union
Versus
The State of Tamil Nadu, Rep. By the Secretary to Government, Tamil Development, Religious Endowment & Information Department & Another
W.P. No. 1338 of 2010
Decided on : 24-07-2013.
Advocate Appeared:
For the Petitioner:K.M. Ramesh, Advocate.
For the Respondents: K.V. Dhanapalan, Additional Government Pleader.
The court emphasized that it could not decide disputed factual aspects under Article 226 and directed the Union to approach the competent forum to raise an Industrial Dispute.
Headnote:
Outsourcing - Employment Dispute - Contract Labour (Regulation and Abolition) Act, 1970 - 285 I & T Department - 15406 of 2007 - 2009-2010 - 06.01.2010
Fact of the Case:
The Tamil Nadu Government Press General Workers Union filed a Writ Petition seeking to quash a Tender Notification for outsourcing binding operations in the Stationery and Printing Department. The Union argued that outsourcing binding works without a government order and without filling up vacancies was unlawful.
Finding of the Court:
The court directed the Union to approach the competent forum to raise an Industrial Dispute, as it could not decide the disputed factual aspects under Article 226 of the Constitution of India. The Writ Petition was dismissed.
Issues: The main issues were the legality of outsourcing binding works without a government order and without filling up vacancies, and the applicability of the Contract Labour (Regulation and Abolition) Act, 1970.
Ratio Decidendi: The court held that it could not decide the disputed factual aspects of introducing contract labour system under Article 226, and directed the Union to approach the competent forum to raise an Industrial Dispute.
Final Decision: The Writ Petition was dismissed, leaving the parties to bear their own costs.
1. The Petitioner/Tamil Nadu Government Press General Workers Union has focussed the instant Writ Petition praying for issuance of Writ of Certiorari in calling for the records and papers pertaining to the impugned Tender Notification issued and published in Tamil Nadu Government Official Web Site "www.tenders.tn.gov.in" dated 06.01.2010 by the 2nd Respondent and to quash the same in so far as providing services in binding operations in Stationery and Printing Department is concerned. Comprehensive Factual Background:
2. The Petitioner/Union represents 550 employees working in the 2nd Respondent/Office of the Director of Stationery and Printing, Chennai. According to the Petitioner, on earlier occasion G.O.Ms.No.312 dated 08.12.1993 of the Information and Tourism (S&P II) Department was issued in regard to the modernisation of the Government Press, which was challenged before this Court in W.P.No.1997 of 1993 and the same was stayed pending disposal of the Writ Petition. During the pendency of the aforesaid Writ Petition, the Government withdrew the G.O. with liberty to issue a fresh one.
3. The Government by G.O. (Standing) No.269 dated 05.11.2006 of the Information and Tourism (A.A.2) Department passed an order stating that an 'Exerts Committee' would be formed to submit its recommendation on the issue of modernisation of the Government Press.
4. The G.O. (Standing) No.285 dated 05.12.2006 of the Information and Tourism Department was issued in regard to the filling up of 333 posts in 19 categories, ranging from Web Offset Technician to General Foreman Offset Co-ordination. Further, the G.O. mentioned that adhoc rules will have to be framed and sent to the Government for approval. But the said G.O. has been challenged before this Court in W.P.No.15406 of 2007.
5. The Government Press has 177 years History. In the year 2009 Budget Session in the State Assembly, the Hon'ble Minister for Tamil Development, Religious Endowment and Information Department submitted a Government Policy Note for the year 2009-2010 wherein it was mentioned that it was decided to outsource cleaning, maintenance and security works. Thereafter, the 2nd Respondent started outsourcing the cleaning, maintenance and security works to the Private agency. The said Policy Note of the Government had not stated anything about outsourcing Binding Department works. Binding work is the major part of work in all Government Presses in Tamil Nadu. In the Government Presses in Tamil Nadu, the sanctioned post of Junior Binder as of the year 2000 is 1069. However, as on date, the Junior Binder in all the Government Presses is only about 200. The vacancies caused due to retirement, death, resignation were not filled up. The Government Press Management in order to get the work done in Binding Department recruited 300 Apprentices who are qualified ITI Diploma Holders. After completing the Apprenticeship training, the said 300 and odd Apprentices have registered their names in the Office of the 2nd Respondent for permanent employment, apart from the Employment Exchange.
6. Further, Mazdoors are entitled to be promoted as Junior Binder. At present, there are about 70 Mazdoors working in the Government Central Press, Mint, Chennai who are eligible to be considered for promotion to the post of Junior Binder. Likewise, in other branches also Mazdoors are working who are all eligible to be considered for promotion as Junior Binder. Petitioner's Contentions:
7. There is no Government Order for outsourcing Binding works in the Government Presses. As a matter of fact, the Policy Note 2009-2010 presented before the State Assembly in page 19 talks about G.O.'s for outsourcing maintenance, sanitary, security works alone. He does not speak about outsourcing Binding works in Government Presses, which is a core job. When the Government has not taken any Policy decision to outsource Binding works in the Government Presses, then, the 2nd Respondent has no power, authority or comp
