Disposed

All Kerala Manpower Supply Contractors Welfare Association v. Bharat Sanchar Nigam Limited

Kerala HC11 Jan 2018WP(C)/267/2018

Case brief

AI extract

What is this about?

The High Court directed the Regional Labour Commissioner to consider a representation filed by a workers association on behalf of BSNL contractors. Additional time was given for filing specific claims.

What did the court decide?

Third respondent directed to consider the representation; members to file additional claims within one month; finality to be reached within three months.

All Kerala Manpower Supply Contractors Welfare… — Labour and Industrial Disputes | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 11TH DAY OF JANUARY 2018 / 221ST POUSHA, 1939

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WP(C).No. 267 of 2018

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---------------------

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PETITIONER :

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----------

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ALL KERALA MANPOWER SUPPLY CONTRACTORS WELFARE ASSOCIATION NADUVILE VEEDU, MUTHOOR P.O, THIRUVALLA,PATHANAMTHITTA, KERALA - 689 107 REP. BY ITS STATE SECRETARY K K PURUSHOTHAMAN, S/O. KUNJEPPANKUTTY, AGED 74 YEARS, RESIDING AT NADUVILE VEEDU, MUTHUR P.O, THIRUVALLA, PATHANAMTHITTA (DIST) PIN - 689 107.

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BY ADV.SRI.C.R.SIVAKUMAR

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RESPONDENTS :

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1. BHARAT SANCHAR NIGAM LIMITED REPRESENTED BY CHIEF GENERAL MANAGER TELCOM, OFFICE OF THE CHIEF GENERAL MANAGER TELCOM

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KERALA TELCOM, THIRUVANANTHAPURAM PIN - 695 033.

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2. PRINCIPAL GENERAL MANAGER TELCOM OFFICE OF THE CHIEF GENERAL MANAGER TELCOM BSNL, UPPALAM ROAD, STATUE, THIRUVANANTHAPURAM - 695 033.

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3. THE REGIONAL LABOUR COMMISSIONER(CENTRAL) OFFICE OF THE REGIONAL LABOUR COMMISSIONER (CENTRAL) KENDRIYA SRAM SADAN, OLIMUGHAL, KAKKANADU, KOCHI - 682 030.

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4. THE UNION OF INDIA, REP, BY ITS SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, NEW DELHI - 11000

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5. THE GENERAL MANAGER TELECOM BSNL OFFICE OF THE PGMT BSNL, BALAN K NAIR ROAD ASOKAPURAM KOZHIKODE, PIN - 673 001.

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6. THE GENERAL MANAGER, TELCOM BSNL, KOLLAM PIN - 691 001.

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7. THE GENERAL MANAGER SNL PMG JUNCTION TRIVANDRUM PIN - 695 033.

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WP(C).No. 267 of 2018 (G)

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8. THE GENERAL MANAGER TELECOM GMT OFFICE, DPO ROAD MALAPPURAM - 676 505.

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9. THE GENERAL MANAGER,TELECOM BSNL SANCHAR BHAVAN, PALAKKAD PIN - 678 001.

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10. THE GENERAL MANAGER TELECOM BSNL TELE BHAVAN BSNL KANNUR - 670 002.

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11. THE GENERAL MANAGER TELECOM KOCHI - 16, ERNAKULAM IN 692 011.

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12. THE GENERAL MANAGER TELECOM, BSNL KOVILKATHUMPADAM THRISSUR, PIN 682 011.

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R1,R2,R5 TO R12 BY ADV. SRI.SAJI VARGHESE, SC, BY SRI.MATHEWS K.PHILIP,SC, BSNL

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R4 BY SRI.JAISHANKAR V.NAIR, CGC BY SRI.N.NAGARESH, ASG OF INDIA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-01-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 267 of 2018 (G)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT REGISTRAR OF PATHANAMTHITTA DATED 21/10/2015. EXHIBIT P2 THE DETAILS OF THE MEMBERS OF PETITIONER ASSOCIATION. EXHIBIT P3 THE TRUE COPY OF THE AGREEMENT OF PRESIDENT OF PETITIONER ASSOCIATION WITH ADMN) KOZHIKODE SSA OF BSNL FOR PROVIDING MANPOWER FOR INFRASTRUCTURE MAINTENANCE DATED 30/06/2016. EXHIBIT P4 THE TRUE COPY OF THE AGREEMENT OF PRESIDENT OF PETITIONER ASSOCIATION WITH AGM (ADMN) KOZHIKODE SSA OF BSNL FOR PROVIDING MANPOWER FOR HOUSING KEEPING WORKS DATED 30/06/2016. EXHIBIT P5 THE TRUE COPY OF THE AGREEMENT DATED 28/09/2017. EXHIBIT P6 THE TRUE COPY OF THE WORKS ORDERS ISSUED ON BEHALF OF THE BSNL DATED 30/06/2016. EXHIBIT P7 THE TRUE COPY OF THE RELEVANT PART OF THE E-TENDER ISSUED BY THE BSNL DATED 20/04/2016. EXHIBIT P8 THE TRUE COPY OF THE MEMORANDUM OF SETTLEMENT ENTERED BEFORE THE 3RD RESPONDENT DATED 12/09/2013. EXHIBIT P9 THE TRUE COPY OF THE MEMORANDUM OF SETTLEMENT ENTERED BEFORE THE 3RD RESPONDENT DATED 07/06/2016. EXHIBIT P10 THE TRUE COPY OF THE COMMUNICATION NO.55/06/2017 /LEO/TVM ISSUED BY THE 3RD RESPONDENT DATED 30/03/2017 AND REPRESENTATION DATED 20/12/2017. EXHIBIT P11 THE TRUE COPY OF THE UNDATED REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

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WP(C).No. 267 of 2018 (G)

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EXHIBIT P12 THE TRUE COPY OF THE COMMUNICATION SUBMITTED BY ONE OF THE MEMBER OF THE PETITIONER ASSOCIATION DATED 20/05/2017.

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EXHIBIT P13 THE TRUE COPY OF THE REPRESENTATION DATED 27/12/2017.

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RESPONDENT'S EXHIBITS : NIL.

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//TRUE COPY//

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SHAJI P. CHALY, J.

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W.P.(C) No.267 of 2018

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Dated this the 11^th day of January, 2018

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JUDGMENT

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Petitioner is an association of man power supply contractors, a society registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The contention of the petitioner is that, man power is supplied by the members of the petitioner association to the respondents, namely, the BSNL and petitioners are entitled to get protection of the various laws constituted for the interest of the labourers and employees. It is the contention of the petitioner that, various provisions of such laws are not being complied with the BSNL, and being aggrieved with the said situation, Ext.P11 representation is submitted by the petitioner association before the third respondent, which is pending consideration. Petitioner seeks consideration of Ext.P11 on an early basis.

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I have heard learned counsel for the petitioner, learned CGC, learned standing counsel for BSNL and perused the

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W.P.(C) No.267 of 2018

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pleadings and documents on record.

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Learned counsel for the petitioner reiterated the contentions raised in the writ petition.

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Learned standing counsel for the BSNL submitted that, first of all Ext.P11 application submitted by the petitioner is not maintainable, since the same is submitted by an association, wherein, the contractors are not parties. Secondly, it is submitted that, so far as the Bonus Act is concerned, the issue is covered under the contract, and the employer is liable to pay the bonus to its workers. However, taking into account the fact that various other claims are also raised by the petitioner in Ext.P11 in respect of wages, notice inviting tenders, delayed payment etc., etc., I am of the considered opinion that, a direction can be issued to the third respondent to consider Ext.P11, in accordance with law. Accordingly I direct the third respondent to take on board Ext.P11 and consider the same, in accordance with law, after providing an opportunity of hearing to the concerned contractors, who are members of the petitioner association.

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There will be a direction to the members of the association of the petitioner to file any additional claim in tune with Ext.P11 before the third respondent within one month. A

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W.P.(C) No.267 of 2018

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finality shall be attained to the directions within three months

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from the date of receipt of a copy of this judgment.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY, JUDGE

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dlk/11/1/

All Kerala Manpower Supply Contractors Welfare Association v. Bharat Sanchar Nigam Limited

Case brief

What is this about?

What did the court decide?

All Kerala Manpower Supply Contractors Welfare Association v. Bharat Sanchar Nigam Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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