Disposed

Atc Telecom Infrastructure Private Limited and Another v. Union of India and Ors.

Calcutta HC11 Dec 2020WPA/10394/2020

Case brief

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What is this about?

In a writ petition regarding workmen's agitation threats at mobile towers, the Calcutta High Court directed respondents to ensure no service disruption and provide adequate security to the petitioner while clarifying that workmen's claims are not adjudicated on merits.

What did the court decide?

Directed respondents to ensure no disruption of petitioner's service at listed mobile towers and to provide adequate security, if necessary.

Atc Telecom Infrastructure Private Limited… — Labour and Industrial Disputes | Calcutta HC (2020)

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Daily List 16 Bpg.

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December 11, 2020

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In the High Court at Calcutta Constitutional Writ Jurisdiction (Via Video Conference)

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W.P.A. No.10394 of 2020

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ATC Telecom Infrastructure Private Limited and another Versus

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Union of India and others

Mr. Subhankar Nag,

Mr. Soumen Ghosh,

Mr. Snehashis Sen.

…for the petitioners.

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Mr. Partha Chakraborty.

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…for the Union of India.

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The limited grievance of the writ petitioners is that a union of workmen has issued a notice to the Circle Head of the petitioners on November 16, 2020 (at page 49 of the writ petition) with regard to certain claims as to the dues of the petitioners’ employees and have threatened to start agitation at the mobile towers maintained by the petitioners in the Murshidabad District of West Bengal in the event the petitioners do not take any action in that regard.

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Learned counsel for the petitioners submits that unless the continuance of service by the petitioners is ensured by lending protecting to the mobile towers and the work-force of the petitioners

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engaged there, telecommunication service to numerous people in the locality would be disrupted, which would patently be against public interest.

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The petitioners have already given

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representations to the respondent nos.3 and 4 in that regard.

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Whatever might be the demands of the workmen and their rights to agitate, in view of the service provided by the petitioners falling within the domain of essential services, it has to be ensured that the same is not disrupted at the drop of a hat.

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However, the merits of the claims of the workmen cannot be gone into at this juncture within the limited ambit of the writ petition.

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Accordingly, W.P.A. 10394 of 2020 is disposed of by directing the respondent nos. 3 and 4 to ensure that there is no disruption of service provided by the petitioners at the mobile towers mentioned at page 25 (annexure P/2) of the instant writ petition and to provide adequate security and protection in that regard, if necessary.

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However, it is made clear that the claims of workmen and anybody else, if any, against the petitioners is not dealt with on merits by this Court and it will be open to anybody having a grievance against the petitioners, including the workmen, to take

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recourse to legal means for the purpose of enforcing their claims, if otherwise maintainable.

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There will be no order as to costs.

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Urgent website certified copies of this order, if applied for, be given to the parties upon compliance of all formalities.

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(Sabyasachi Bhattacharyya, J.)

Atc Telecom Infrastructure Private Limited and Another v. Union of India and Ors.

Case brief

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Atc Telecom Infrastructure Private Limited and Another v. Union of India and Ors.

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