CWPIL No. 278 of 2017
05.05.2018 Present: Court on its own motion.
.
Mr. Ashok Sharma, Advocate General, with M/s
Ranjan Sharma Nand Lal Thakur, Additional
Advocate Generals, for respondents No. 1 and 2-
State.
Mr. Hamender Chandel, Advocate, for respondent
No. 3-Municipal Corporation, Shimla.
Member Secretary, SEHB Society, is present in
person.
r to
Mr. Sudhir Thakur, Advocate, for respondent No.
5-Pollution Control Board.
On a special mention made on behalf of the
Municipal Corporation, Shimla, the matter was taken up on
Board today.
The Himachal Pradesh State Pollution Control
Board through its Member Secretary is impleaded as
respondent No. 5. Registry is directed to carry out necessary
corrections in the memo of parties.
Notice. Mr. Sudhir Thakur, learned counsel
appears and waives service of notice on behalf of the newly
added respondent No. 5.
Mr. Hamender Chandel, learned counsel for the
Municipal Corporation, Shimla states that with the indulgence
shown by this Court, finances of the SEHB Society were
augmented and payments released to its workers, but despite
that, workers employed by the Society for collection of door-to-
door garbage and its disposal, being part of process of
sanitation, are on strike, which has resulted into accumulation
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of municipal solid waste and has become a source of nuisance,
apart from being an environmental hazard, in the entire city.
Further, the workers employed by the Society had
entered into an agreement in the meeting held on 21st
September, 2017, which also is not being adhered to. The
employees engaged in the process of sanitation in Municipal
Corporation, Shimla are covered under the provisions of the
Himachal Pradesh Essential Services (Maintenance) Act, 1973,
as notified by the Department of Home, Government of
Himachal Pradesh on 15th July, 2015. He further states that the
Scheme under which the workers stand engaged is statutory in
nature.
We are of the considered view that
garbage/municipal solid waste cannot be allowed to remain
uncollected within the city. The Municipal Solid Waste has to be
collected and disposed of, in accordance with law, at the
earliest.
We fail to understand as to why for the last three
days, as we are made to understand, since when the employees
are on strike, no steps stand taken against the workers under
the statutory provisions and more specifically, the Himachal
Pradesh Essential Services (Maintenance) Act, 1973.
We are informed that the Pollution Control Board
has also not initiated any action. We fail to understand as to
why the regulator has chosen to remain as a mute spectator.
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While disposing of the instant petition vide our
order dated 6th March, 2018, we had observed as under:
“6. The Commissioner has also
explained that in all there are 824 workers
engaged in the activity of collection of garbage
from door-to-door and all of them are being paid
wages and salary as per Rules and within time.
7. It further stands explained that News
rItem dated 27.2.2018, reported certain
embezzlement of funds by the employees of the
society. Cognizance of the matter stands taken.
8. In view of intervening developments,
we are of the considered view that with the
action having been taken by the authorities, no
fruitful purpose would be served by keeping the
present petition pending, which we dispose of
with the direction that inquiry qua embezzlement
shall positively be taken to its logical end,
expeditiously and preferably within a period of
six months from today.
9. We clarify that we have not adverted
to the issue of embezzlement, in detail, so as to
avoid prejudice to the affected parties.
10. We further direct that the
Commissioner shall ensure that the accounts of
the Society are audited periodically and report, if
so required, placed before the appropriate
authority for necessary action.”
Further, we are of the considered view that
handful of employees cannot hold the city to ransom and more
so, at this point in time, when the tourist season is at its peak.
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Under these circumstances, we direct:
A. The workers engaged by the SEHB
Society to immediately resume work and discharge
their duties, for which they stand engaged;
B. The Deputy Commissioner, Shimla,
Superintendent of Police, Shimla and the
Commissioner, Municipal Corporation, Shimla are
directed to forthwith communicate the order to all
the employees and ensure compliance.
(C ) We clarify that if anyone of the
workers fails to discharge his/her duties, not only
would it amount to committing contempt of Court,
but it shall be open for the Municipal
Corporation/Society to forthwith terminate their
services and re-engage fresh hands for disposal of
Municipal Solid Wastes.
(D) Any hindrance/obstruction caused by
any person in the enforcement or our orders shall
be liable to be proceeded under the provisions of
the Contempt of Court Act; and
(E) It shall be open for the Superintendent
of Police, Shimla to forthwith take action, in
accordance with law, including detaining such
persons, who obstruct or cause hindrance in the
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enforcement of provisions of law, if the situation so
warrants.
Let the Deputy Commissioner, Shimla,
Superintendent of Police, Shimla, Commissioner, Municipal
Corporation, Shimla and Member Secretary, H.P. State
Pollution Control Board shall file their affidavits of compliance
by the next date of hearing. List on 7th May, 2018.
r Authenticated copy.
(Sanjay Karol)
Acting Chief Justice
(Ajay Mohan Goel)
Judge
May 05, 2018
(bhupender/guleria)
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