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2025 Supreme(Online)(TEL) 1534
HIGH COURT OF TELANGANA
NAGESH BHEEMAPAKA, J
Chief Engineer – Appellant
Versus
Lift Irrigation Employees Union – Respondent
WP/10920/2002
The Government is liable to pay wages to workers of Lift Irrigation Schemes as it holds an employer-employee relationship, affirming the Labour Court's Award.
Headnote:(A) Constitution of India - Article 226 - Industrial Disputes Act, 1947 - Employer-employee relationship - The Labour Court held that workmen of 18 Lift Irrigation Schemes are entitled to wages as per Standard Schedule Rates from August 1996, and the Government is liable to pay wages until termination by due procedure. (Paras 1, 3, 4, 13, 15)
(B) Jurisdiction of High Court - The High Court's jurisdiction under Article 226 is supervisory and does not extend to re-evaluating findings of fact unless there is an error of law apparent on the record. (Paras 6, 7)
Facts of the case:
The petitioner challenged the Labour Court's Award regarding the entitlement of wages for workmen of Lift Irrigation Schemes, asserting that the workers were employed by Cooperative Societies and not the Government. The Labour Court found an employer-employee relationship between the Government and the workers. (Paras 1, 2, 4)
Findings of Court:
The Labour Court's Award was upheld, confirming the Government's liability to pay wages to the workers from August 1996 onwards. (Paras 17, 18)
Issues: The main issues were whether the Government had an employer-employee relationship with the workers and the legality of the Labour Court's Award. (Paras 1, 4, 7)
Ratio Decidendi: The court affirmed that the Government, having taken over the schemes, is the employer of the workers and must adhere to the provisions of the Industrial Disputes Act regarding wage payments. (Paras 13, 15)
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. petitioner's contention on employer-employee relationship (Para 4) |
| 2. employees union's counter-arguments (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. employer-employee relationship affirmed (Para 17) |
| 4. writ petition dismissed (Para 18) |
ORDER:
The petitioner-Chief Engineer, Irrigation Department, invokes the jurisdiction of this Court under Article 226 of the Constitution of India,questioning the legality of the Award dated 05.03.2002 passed by the Labour Court-III, Hyderabad, in I.D.No.162 of 1999. By the impugned Award, the Labour Court held that the workmen of the 18 Lift Irrigation Schemes who were on the payroll as on 24.09.1996 are entitled to wages as per the Standard Schedule Rates (SSR) from August, 1996, onwards, and further held that the Government is liable to pay wages to the workmen until their services are terminated by due procedure under law.
2. Brief facts of the case are as follows:
In the year 1972, the Government sanctioned 18 Lift Irrigation Schemes in respect of Nagarjuna Sagar Left Canals, vide GOMs.No.309, PWD Department, dated 10.10.1972, and GOMs.No.331, PWD Department, dated 18.11.1972. As per the G.Os., the Government shall bear 1/3rd of the expenditure and the remaining expenditure has to be borne by the beneficiaries of the lift irrigation project. The execution of the schemes to be taken up by the Chief Engineer, Nagarjuna Sagar Project (NSP) by entering into an Agreement with the Cooperative Societies, and the responsibility of maintenance of projects was of the Cooperative Societies formed by the Beneficiaries of the projects.
In the year 1995, the Cooperative Societies faced financial difficulties, resulting in undue delays in completion of the Lift Irrigation Schemes, and therefore the Government declared their component of expenditure (i.e., 1/3rd share of expenditure) as the Share-Capital Grant of the Government to the Cooperative Societies. Thereafter, the Government issued Memo dated 20.09.1975 declaring the Lift Irrigation Schemes as the exclusive Schemes of Cooperative Societies.
However, for various reasons, the Cooperative Societies could not complete the Schemes, and requested the Government to take over the Schemes and implement the renovation, operation and maintenance of the 18 Lift Irrigation Schemes. The Government issued GOMs No.161, dated 07.04.1982 taking over the 18 Lift Irrigation Schemes, and handed them over to the Andhra Pradesh State Irrigation Development Corporation Limited (APSIDC) on Agency basis, to cater to the renovation, operation and maintenance of the 18 Lift Irrigation Schemes. Pursuant thereto, the assets of all the 18 Lift Irrigation Schemes were handed over to APSIDC in April, 1982.
APSIDC took up the renovation, operation and maintenance work of all the 18 Lift Irrigation Schemes and supplied water to the beneficiaries. The expenditure incurred towards renovation, operation and maintenance, including the wages of workers, was released from the Nagarjuna Sagar Project Funds based on the orders issued by the Government from time to time.
Subsequently, the Government issued GOMs.No.134, I&CAD, dated 25.09.1996 handing over all the 18 Lift Irrigation Schemes, in addition to some other Schemes being maintained by APSIDC, to the Cooperative Societies. As per the said GOMs.No.134, dated 25.09.1996, the Cooperative Societies themselves shall decide on the number of employees required for running the Schemes and the Societies will have full control over the workers, and the Societies will also bear the complete expenditure on that account.
Thereafter, on 28.07.1997, the Lift Irrigation Employees Union, served a Strike Notice to the Chief Engineer, Nagarjuna Sagar Project, and also on Managing Director, APSIDC Ltd., demanding to pay salaries from August, 1996 and also to regularise the services of 130 employees with immediate effect. The Chief Engineer, Nagarjuna Sagar Project, and also the Managing Director, APSIDC, denied their liabili
