Allowed

All Kerala Ex-Service Security Staff and Allied Service Association, v. Union of India

Kerala HC11 Nov 2019WP(C)/15657/2019

Case brief

AI extract

What is this about?

In this writ petition concerning non-payment of wages to ex-service security staff, the High Court directed respondents to pay total wage arrears in four instalments and enforce obligations under the Contract Labour Act 1970.

What did the court decide?

Payment of total wage arrears in four instalments; enforcement of obligation to deduct statutory dues before payment to contractor.

All Kerala Ex-Service Security Staff and… — Labour and Industrial Disputes | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE S.V.BHATTI

¶4

MONDAY, THE 11TH DAY OF NOVEMBER 2019 / 20TH KARTHIKA, 1941

¶5

WP(C).No.15657 OF 2019(F)

¶6

PETITIONER/S:

¶7

1 ALL KERALA EX-SERVICE SECURITY STAFF AND ALLIED SERVICE ASSOCIATION, REG.NO.10/04/03, C/O.ARJUN AGENCY, R.G.14, KAUSER COMPLEX, CALTAX, KANNUR (FORMERLY KNOWN AS ALL KERALA EX-SERVICEMAN SECURITY STAFF ASSOCIATION OF BSNL), REPRESENTED BY ITS SECRETARY, RADHAKRISHNAN M., S/O.DAMODARAN NAMBIAR, KARTHIKA, THOTTADA, KANNUR DISTRICT.

¶8

2 RADHAKRISHNAN M., S/O.DAMODARAN NAMBIAR, KARTHIKA, THOTTADA, KANNUR DISTRICT.

¶9

BY ADVS. SRI.K.MOHANAKANNAN SMT.D.S.THUSHARA

¶10

RESPONDENT/S:

¶11

1 UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF DEFENCE, WEST BLOCK NO.4, RK PURAM, NEW DELHI - 110 001.

¶12

2 THE BHARAT SANCHAR NIGAM LIMITED, (A GOVERNMENT OF INDIA ENTERPRISE), REPRESENTED BY CHIEF GENERAL MANAGER, KERALA CIRCLE, THIRUVANANTHAPURAM - 695001.

¶13

3 THE CHAIRMAN CUM MANAGING DIRECTOR, BHARAT SANCHAR NIGAM LIMITED, CORPORATE OFFICE, 8TH FLOOR, BHARAT SANCHAR NIGAM LIMITED BHAVAN, NEW DELHI - 110 001.

¶14

W.P.(C) No. 15657/2019

¶15

-2-

¶16

4 THE DIRECTOR GENERAL OF RESETTLEMENT, MINISTRY OF DEFENCE, WEST BLOCK NO.4, RK PURAM, NEW DELHI - 110 001.

¶17

5 CHIEF LABOUR COMMISSIONER (CENTRAL), KAKKANAD, ERNAKULAM, KOCHI - 682 030.

¶18

R1, R4-5 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R2-3 BY SRI.SAJI VARGHESE, SC, BSNL

¶19

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

W.P.(C) No. 15657/2019

¶21

-3-

¶22

J U D G M E N T

¶23

Dated this the 11th day of November 2019

¶24

Heard learned counsel appearing for both sides.

¶25

The instant writ petition has been tagged to and heard along with W.P.(C) No.26808 of 2019. Respondents are almost the same in W.P.(C) No.26808 of 2019 and this writ petition. Second petitioner is a contract labourer working under registered contractor to whom the work has been assigned. The subject matter relates to non-payment of wages to 2^nd petitioner by the respondents herein. The counsel consent to disposing of instant writ petition by issuing the same directions.

¶26

Hence the following directions:

¶27

(a) Respondents 1 to 3 are directed to pay the total wage arrears

¶28

to petitioner in four instalments. The first instalment becomes

¶29

payable on or before 02.12.2019.

¶30

W.P.(C) No. 15657/2019

¶31

-4-

¶32

(b) Respondents 2 and 3 are further directed to immediately take up the issue of payment of wage arrears, obtain necessary orders from the competent authority for making available necessary amount in this behalf and start disbursing the amount to petitioner/contract labourer as per the instalments granted by this judgment.

¶33

(c ) Respondents 2 and 3 are further directed to ensure that the amounts henceforth paid by respondents 2 and 3 to contractor are first accounted for by paying wage arrears and other statutory dues in this behalf to petitioner/petitioner's accounts i.e. PF etc.

¶34

(d) The responsibility to make contractor follow the obligation is clearly spelt out in Section 21 of Act 1970 and through this judgment this Court enforces such obligation, to avoid deviation therefrom leading to further litigation in this behalf.

¶35

(e ) Respondents if fail to comply with the above direction, the petitioners are given liberty to move appropriate application in this

¶36

W.P.(C) No. 15657/2019

¶37

-5-

¶38

writ petition or an instant proceeding for alleged violation in this behalf, including under Chapter VI of Act 1970.

¶39

Writ petition ordered as indicated above.

¶40

Sd/S.V.BHATTI JUDGE

¶41

jjj

¶42

W.P.(C) No. 15657/2019

¶43

-6-

¶44

APPENDIX

¶45

PETITIONER'S/S EXHIBITS:

¶46

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 10/4/2003 OF THE 1ST PETITIONER. EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WRIT PETITION 426/2010 DATED 30/8/2017. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 3/10/2017. EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 22/3/2018. EXHIBIT P5 TRUE COPY OF THE REMINDER SENT BY THE PETITIONER TO THE 3RD RESPONDENT DATED 12/4/2018. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION WAS SENT TO THE SECRETARY, DEPARTMENT OF EX-SERVICEMEN WELFARE SOCIETY, UNION OF INDIA ON 12.4.2018. EXHIBIT P7 TRUE COPY OF COMMUNICATION SENT BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT DATED 25/4/2018. EXHIBIT P8 TRUE COPY OF THE COMMUNICATION SENT BY THE 1ST RESPONDENT WITH ANNEXURES DATED 7.6.2018. EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 27/7/2018. EXHIBIT P10 TRUE COPY OF THE LIST OF MEMBERS OF THE 1ST PETITIONER ASSOCIATION.

¶47

W.P.(C) No. 15657/2019

¶48

-7-

¶49

EXHIBIT P11 TRUE COPY OF THE LETTER NO.KBJSA/BSNL/KNR/TERMINATION/002/2018 DATED 9/11/2018. EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 19/2/2019 IN WP(C) 38285/2018.

¶50

EXHIBIT P13 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 27/3/2019. EXHIBIT P14 TRUE COPY OF THE MINUTES OF THE MEETING DATED 30/5/2019. EXHIBIT P15 TRUE COPY OF THE COMMUNICATION SENT BY THE 2ND RESPONDENT TO THE PETITIONER DATED 1/5/2019. EXHIBIT P16 TRUE COPY OF THE SHOW CAUSE NOTICE TO THE BHARATH SANCHAR NIGAM LTD., ON 6/6/2019 ISSUED BY THE 5TH RESPONDENT.

¶51

EXHIBIT P17 TRUE COPY OF THE ORDER ISSUED TO ONE SRI M.RATHNAKARAN DATED 28.05.2019

¶52

EXHIBIT P18 TRUE COPY OF THE JUDGMENT IN W.A. 1548/2019 DATED 18.7.2019

¶53

EXHIBIT P19 TRUE COPY OF THE LIST OF EMPLOYEES IN THE KANNUR, SSA

¶54

EXHIBIT P20 TRUE COPY OF THE LIST OF DETAILS OF THE MEMBERS OF THE 1ST APPELLANT ASSOCIATION WORKING IN KANNUR SSA, IN RESPECT OF THE VARIOUS COMPONENTS

¶55

EXHIBIT P21 TRUE COPY OF THE LIST OF EMPLOYEES IN CALICUT SSA

¶56

EXHIBIT P22 TRUE COPY OF THE LIST OF EMPLOYEES IN WAYANAD SSA

¶57

EXHIBIT P23 TRUE COPY OF THE DEPLOYMENT/EMPLOYMENT LIST TELEPHONE EXCHANGE OF KANNUR SSA DATED 21.8.2019

All Kerala Ex-Service Security Staff and Allied Service Association, v. Union of India

Case brief

What is this about?

What did the court decide?

All Kerala Ex-Service Security Staff and Allied Service Association, v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jinulal Vs the Authorized Officer

I.G.Giri Vs Syndicate Bank

Rosamma Mathai, Vs State Bank of India

Saroj.C Vs the District Collector

Ratheesh.M, Vs State of Kerala

Venunath.R Vs Union of India