High CourtsDivision Bench(2010) 10 MAD CK 0086

A. Mayandi vs The Secretary to Government Municipal Administration and Water Supply Department and The Commissioner, Tirunelveli Municipal Corporation

Madras High Court · Decided on 20 October 2010

HON’BLE JUDGES
S. Nagamuthu, J · R. BanumathI, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (MD) No''s. 802 and 1 of 2010

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Judgment

19 paragraphs · 357 words

R. Banumathi, J.—In this Writ Petition, the Petitioner seeks for a Mandamus to direct the Respondents to impose specific condition in the

agreement to be entered into with the Self Help Group, while engaging sanitary workers by the second Respondent Corporation on contract basis,

for compliance of ESI, PF and Insurance cover for accident and other dues that would become payable under the Workmen''s Compensation Act,

and further, to ensure that same would be applicable to the 130 sanitary workers who are already working on contract basis in the second

Respondent Corporation through Self Help Group.

2.

The Petitioner is a driver by profession. The Petitioner claims himself to be a member of Nava Jeevan trust, a Social Service Organisation,

which according to him, is interested in protecting the welfare of the sanitary workers.

3.

As per the Rules, the Municipal authorities are responsible for the collection, segregation, storage, transportation, processing and disposal of

Municipal solid waste. In exercise of the powers conferred by Sections 3, 6 and 25 of the Environment (Protection) Act, 1986 (29 of 1996), the

Central Government had published the Municipal Solid Waste (Management and Handling) Rules, 2000.

4.

In order to implement the rules and in order to provide employment to the members of Self Help Groups, the second Respondent Corporation

had engaged Self Help Groups and temporary contract was given for a period of 88 days to Self Help Groups. According to the second

Respondent Corporation, nature of the contract given are entirely different from the contracts entered into with the non-governmental

organisations.

5.

The very award of contract given to the Self Help Groups is to provide employment to the unemployed members of it by engaging them in solid

waste management and sanitation work in Government and Corporation Office.

6.

The Petitioner, who claims to be a member of the Nava Jevan Trust, has no locus standi insisting for compliance of ESI, PF, Insurance etc.,. As

such, we do not find any reason to entertain the Writ Petition filed as a Public Interest Litigation.

7.

In the result, the Writ Petition is dismissed. No costs. Connected Miscellaneous Petition is closed.