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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Surepalli Nanda, J.
M/s Telangana State 108 Employees Union - Petitioner
Versus
The State of Telangana and others - Respondents
Writ Petition No.29486 of 2018
Decided On : 18-07-2023
Bonded Labour System - Termination of Employees - Bonded Labour System (Abolition) Act, 1976, Contract Labour (Regulation and Abolition) Act, 1970 - Article 23(1) of the Constitution of India - G.O.Ms.No.14, dated 19.02.2016 - Emergency Medical Technicians, Pilot Drivers, Emergency Response Officers
Fact of the Case:
The Writ Petition was filed challenging the termination of employees working as Emergency Medical Technicians, Pilot Drivers, and Emergency Response Officers on the grounds of demanding implementation of 8 hours work instead of 12 hours, which was alleged to be illegal, arbitrary, and unconstitutional. The Petitioner contended that the termination violated the provisions of the Bonded Labour System (Abolition) Act, 1976, and the Contract Labour (Regulation and Abolition) Act, 1970.
Finding of the Court:
The Court found that the termination of employees without notice and for participating in a strike against the 12-hour work schedule was arbitrary and in violation of Article 23(1) of the Constitution of India and the Bonded Labour System (Abolition) Act, 1976. The Court also held that the Writ Petition was maintainable, and the employees were entitled to protection under Articles 14 and 16 of the Constitution of India.
Issues: The issues involved the legality of terminating employees for demanding an 8-hour workday instead of 12 hours, the applicability of the Bonded Labour System (Abolition) Act, 1976, and the Contract Labour (Regulation and Abolition) Act, 1970, and the violation of fundamental rights under Article 23(1) and Articles 14 and 16 of the Constitution of India.
Ratio Decidendi: The Court held that the termination of employees without notice and for participating in a strike against the 12-hour work schedule was arbitrary and in violation of Article 23(1) of the Constitution of India and the Bonded Labour System (Abolition) Act, 1976. The Court also ruled that the Writ Petition was maintainable, and the employees were entitled to protection under Articles 14 and 16 of the Constitution of India.
Final Decision: The Writ Petition was allowed, and the 4th respondent was directed to reinstate the remaining 187 terminated employees within eight weeks, considering the letter dated 24.03.2018 addressed to the Hon’ble Chief Minister and the law laid down by the Apex Court in various judgments. No costs were awarded.
ORDER :
Heard Sri Chikkudu Prabhakar, learned Counsel for the Petitioner, learned Government Pleader for General Administration appearing on behalf of Respondent Nos.1 to 3 and Sri A.Tulsi Raj Gokul, learned counsel for the 4th Respondent.
2. The Writ Petition is filed to issue a Writ of Mandamus declaring the action of the respondents in terminating the 1. Emergency Medical Technicians, 2. Pilot Drivers (Ambulance Drivers), 3. Emergency Response Officers through Whatsapp messages, dated 11.08.2018, 12.08.2018, 14.08.2018 and 15.08.2018 for demanding the Petitioners union to implement (8) hours work inspite of 12 hours work as illegal, arbitrary and unconstitutional and against to the provisions of the Bonded Labour System (Abolition) Act, 1976 (Act No.19 of 1976), the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and its Rules and consequently direct the 4th respondent to continue the services of the members of the Petitioners Union, who are working as 1. Emergency Medical Technicians, 2. Pilot Drivers (Ambulance Drivers), 3. Emergency Response Officers for the past one and half decade in the 4th respondent Organisation on contract basis.
3. The case of the Petitioner, in brief, as per the writ affidavit filed, is as follows:
a) Members in the petitioner’s union are working in the 4th respondent organization on contract basis under the provisions of Contract Labour (Regulation and Abolition) Act, 1970 as 1. Emergency Medical Technicians, 2. Pilot Drivers (Ambulance Drivers), 3. Emergency Response Officersin the state of Telangana.
b) The members of the petitioner’s union have been working in Emergency service as Para-Medical staff on contract basis in the 4th respondent organization, which is supported and funds are granted by respondent Nos.1 to 3 to those who were in emergency situations, in all over the State of Telangana. The impugned termination of the members of the petitioner’s Union is highly arbitrary, discriminatory, non-application of mind, and is unlawful.
c) The 4th respondent taking undue advantage of the employees, who belong to SC, ST, BC and downtrodden in the society had executed an agreement under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and its Rules as amended from time to time, to work 12 hours a day and are neither paying salary in accordance with the provisions of the Minimum Wages Act, 1948 nor fixed a time scale of the State Government Para Medical staff.
d) The members of the petitioner’s Union have been working, 12 hours a day, for the past 1 ½ decades as bonded labour which is violative of the Article 23(1) of the Constitution of India and also Section 2(g) 4 and 5 of the Bonded Labour System (Abolition) Act, 1976, which has clearly stated that the Bonded Labour System has been abolished after the commencement of this Act.
e) The petitioner’s Union had made many representations to respondent Nos.1 to 4, but they did not take any proper steps to avoid Bonded Labour System and to pay lawful salaries to them, due to which many employees died on various counts, due to this Bonded Labour System.
f) Further it is the case of the petitioner that after approaching the 1st respondent to take necessary steps to avoid Bonded Labour System and to provide job security, the 1st respondent had directed the 2nd and 3rd respondents to provide job security to the members of the petitioner’s Union and to implement the G.O.Ms.No.14, dated 19.02.2016 through reference No.34/GEN-PR/2018, dated 24.03.2018, but the 2nd and 3rd respondents did not take any action on the directions of the 1st respondent even till today.
g) To avoid the Bonded Labour System, the petitioner’s Union had made many representations to the respondent authorities that they will be able to work 8 hours, which is valid in the eye of law, but the 4th respondent by colluding with 2nd and 3rd respondents, without considering the representations of the petitioner and without issuing any notice, without f
AI
The termination of employees without notice and for participating in a strike against the 12-hour work schedule was arbitrary and in violation of Article 23(1) of the Constitution of India and the Bo....
it is difficult to extend minimum time scale to the petitioners as they were not engaged by respondent Nos. 4 to 11 either on contract basis or outsourcing basis.
Punitive action should not be taken against an individual without establishing or proving the allegations made against them through a proper enquiry and affording them a reasonable opportunity to def....
The court established that guidelines for outsourcing prohibit the removal of currently engaged employees, emphasizing adherence to principles of natural justice.
The termination of contractual employees is valid if in accordance with their contract terms, and does not necessitate adherence to public employment principles when the employer is a private entity.
An employee cannot be coerced into waiving statutory rights, especially under duress, as such agreements are void and violate constitutional protections.
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