Case Note & Summary
The petitioner, National Institute of Rock Mechanics, a society registered under the Karnataka Societies Registration Act, 1960, and an autonomous institute under the Ministry of Mines, Government of India, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 09.06.2017 passed by the Karnataka State Commission for Safai Karmacharis (Annexure-Q). The petitioner also sought a declaration that the complaint (Annexure-F) of manual scavenging filed by the third respondent, Karnataka General Labour Union, before the State Commission was not maintainable. The petitioner contended that the complaint did not disclose material particulars, such as the date on which the alleged manual scavenging took place or who instructed the karmacharis to do the scavenging. The petitioner further argued that it did not have scavengers on its rolls, as housekeeping was being done by workers sent by a contractor. The court, after hearing the counsel for the petitioner and the respondents, found that the complaint indeed lacked material particulars. The court noted that the petitioner was not the occupier of the premises in the context of manual scavenging, as the cleaning work was outsourced to a contractor. Consequently, the court allowed the writ petition, quashed the impugned order, and declared the complaint as not maintainable.
Headnote
A) Constitutional Law - Writ Jurisdiction - Maintainability of Complaint - Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 - The petitioner challenged the order of the Karnataka State Commission for Safai Karmacharis and sought declaration that the complaint of manual scavenging was not maintainable. The court held that the complaint lacked material particulars such as date of incident and identity of the person who instructed the scavenging, and that the petitioner did not have scavengers on its rolls as housekeeping was done by contractor's workers. The court quashed the impugned order and declared the complaint not maintainable. (Paras 1-4)
Issue of Consideration
Whether the complaint of manual scavenging filed by the third respondent before the Karnataka State Commission for Safai Karmacharis is maintainable and whether the impugned order passed by the Commission is liable to be quashed.
Final Decision
The writ petition is allowed. The impugned order dated 09.06.2017 (Annexure-Q) passed by the Karnataka State Commission for Safai Karmacharis is quashed. The complaint (Annexure-F) filed by the third respondent is declared as not maintainable.
Law Points
- Maintainability of complaint
- Material particulars
- Manual scavenging
- Prohibition of Employment as Manual Scavengers and their Rehabilitation Act
- 2013
- Karnataka State Commission for Safai Karmacharis
- Writ jurisdiction
- Articles 226 and 227 of Constitution of India
Case Details
2017 LawText (KAR) (07) 27
Writ Petition No.25568 of 2017 (GM-RES)
Sri M.N.Kumar for petitioner; Sri T.L.Kiran Kumar for R1; Sri Clifton D' Rozario for R3, R5-R8; R4 served
National Institute of Rock Mechanics
Assistant Commissioner and Executive Magistrate, Kolar Sub-Division; City Municipal Council Robertsonpet; Karnataka General Labour Union; Ex-services Association, Kolar District; Mr.B.Ramesh Babu; Mr.Lashmaiah; Mr.Mohan; Mr.Puranchnadra Das
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Nature of Litigation
Writ petition challenging order of Karnataka State Commission for Safai Karmacharis and seeking declaration that complaint of manual scavenging is not maintainable.
Remedy Sought
Quashing of impugned order dated 09.06.2017 (Annexure-Q) and declaration that complaint (Annexure-F) is not maintainable.
Filing Reason
The petitioner challenged the order of the State Commission and contended that the complaint of manual scavenging lacked material particulars and was not maintainable.
Previous Decisions
The Karnataka State Commission for Safai Karmacharis passed the impugned order on 09.06.2017.
Issues
Whether the complaint of manual scavenging filed by the third respondent before the Karnataka State Commission for Safai Karmacharis is maintainable?
Whether the impugned order passed by the Commission is liable to be quashed?
Submissions/Arguments
Petitioner's counsel submitted that the complaint does not disclose material particulars such as date of incident or who instructed the scavenging.
Petitioner's counsel submitted that the petitioner does not have scavengers on its rolls; housekeeping is done by contractor's workers.
Respondents' counsel argued in support of the complaint and the impugned order.
Ratio Decidendi
A complaint of manual scavenging must disclose material particulars such as the date of incident and the identity of the person who instructed the scavenging. Where the petitioner does not have scavengers on its rolls and housekeeping is done by contractor's workers, the petitioner cannot be held liable as an occupier under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The complaint lacking such particulars is not maintainable.
Judgment Excerpts
The petitioner has called into question the order, dated 09.06.2017 (Annexure-Q) passed by the Karnataka State Commission for Safai Karmacharis.
Sri M.N.Kumar, learned counsel for the petitioner submits that the complaint filed by the third respondent does not disclose the material particulars.
He submits that the petitioner does not have the scavengers on its rolls.
He submits that the house-keeping is being done by the workers sent by the contractor.
Procedural History
The third respondent filed a complaint (Annexure-F) before the Karnataka State Commission for Safai Karmacharis alleging manual scavenging. The Commission passed an order on 09.06.2017 (Annexure-Q). The petitioner filed the present writ petition under Articles 226 and 227 of the Constitution of India challenging the order and seeking declaration that the complaint is not maintainable.
Acts & Sections
- Constitution of India: Articles 226, 227
- Karnataka Societies Registration Act, 1960:
- Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013:
