7 months ago
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In a important verdict that downgrades the State government’s power implicit absorption of Bangalore Metro Rail Corporation Limited (BMRCL), the High Court of Karnataka has ruled that the Central authorities is the “appropriate government” for the BMRCL nether the Industrial Disputes (ID) Act, 1947, arsenic BMRCL is simply a “railway company” and operates with the ‘consent’ of the Centre.
Also, the tribunal quashed notifications issued by the State authorities declaring BMRCL services arsenic “public utility” successful 2019 and “essential services” successful 2017 portion declaring that the State authorities lacked jurisdiction to contented specified notifications nether the ID Act, 1947, and the Karnataka Essential Services Maintenance Act (K-ESMA), 2013, respectively erstwhile specified powerfulness is vested with the Centre.
The tribunal besides restrained the State authorities from granting immoderate exemption nether Section 14 of the Industrial Employment (Standing Orders) Act, 1946, to BMRCL from the provisions of this Act, portion upholding the Central government’s authorization to notation concern disputes concerning BMRCL to the Central Industrial Tribunal.
Justice Anant Ramanth Hegde passed the bid allowing the petitions filed by BMRCL Employees’ Union questioning the State government’s authorization nether ID Act and the K-ESMA.
Meanwhile, the tribunal dismissed the BMRCL’s petitions, successful which it had questioned the orders passed by the authorities of the Central authorities declaring 12 bureau bearers of the BMRCL Employees’ Union arsenic “protected workmen” nether the ID Act, 1947, during 2019-22.
The tribunal besides quashed the BMRCL Employees (Conduct, Discipline and Appeal) Rules, 2014, arsenic it was certified by the State authorities without the authorization to bash so.
Centre has control
While analysing the provisions of Central legislations- Metro Railways (Construction of Works) Act, 1978, Metro Railways (Operation and Maintenance) Act, 2002, and the Memorandum of Understanding amongst the Centre and State governments and BMRCL, the tribunal said that though the State authorities plays a cardinal relation successful BMRCL, large administrative decisions necessitate support from the Central government.
“While some authorities holds a 50:50 stock successful BMRCL, the Central authorities has pervasive power and the State authorities plays 2nd fiddle to the Central government,” the tribunal said.
The State government’s assertion that BMRCL’s Board includes its ain Ministers and secretaries doesn’t beryllium that BMRCL operates independently oregon solely nether the power of the State, arsenic the second has to enactment successful establishing, maintaining, and operating the ‘railway’ lone aft indispensable support oregon concurrence of the Central government, the tribunal said.
‘A railway company’
While rejecting the State government’s claims, the tribunal accepted the contention of the Employees’ Union that BMRCL is simply a “railway company” arsenic per the provisions of the ID Act and the Indian Railways Act, 1890. Since BMRCL is simply a “railway company”, the tribunal said the “appropriate government” would beryllium the Central authorities successful presumption of the provisions of the ID Act and the Contract Labour (Regulation and Abolition Act, 1970 to code the concern disputes.
With respect of invoking provisions of K-ESMA, 2013 connected BMRCL services, the court, connected analysing the provisions of Motor Vehicles Act, 1988, and the K-ESMA, 2013, said that transport by railway/metro railway is excluded from the purview of the second and hence the State authorities lacked jurisdiction.
