Held that the petitioners were unpaid workers with Bharat Sanchar Nigam Limited via an agency. The court directed the respondent to pay outstanding dues in four equal monthly installments starting from 5.8.2020.
Directed the respondent to make payment of outstanding dues in four equal successive monthly installments commencing from 5.8.2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 14TH DAY OF JULY 2020 / 23RD ASHADHA, 1942
WP(C).No.13633 OF 2020(D)
PETITIONER/S:
1 PRASADKUMAR.C.R AGED 60 YEARS S/O.RAMAN PILLAI.C.K., CHAKKALACKAL HOUSE, ERIPARAMBU, NALLEPILLY, PALAKKAD DISTRICT-678553.
3 NARAYANAN.C. AGED 57 YEARS S/O.LATE CHENTHI, NANDHANAM, AKSHAYA NAGAR, KOLLENGODE, PALAKKAD DISTRICT-678506.
AGED 58 YEARS S/O.VELAKUTTY, PULIKKAL, POTTAKALAM, PANANGATTIRI, PALAKKAD DISTRICT-678506.
S/O.LATE CHANDRAN.V., MUTHUKULAM, ARCHANA NAGAR, NURANI, PALAKKAD DISTRICT-678004.
S/O.CHELLAN, KRISHNA NIVAS, PEZHUMPARA, NENMARA, CHARTHAMANGALAM, PALAKKAD DISTRICT-678508.
WP(C).No.13633 OF 2020(D)
2
KOLLENGODE, PALAKKAD DISTRICT-678506.
9 BALASUBRAMANIAN.P.P. AGED 60 YEARS S/O.LATE GANGADHARAN NAIR, DEEPAM, THEKKETHARA, PALLASSANA, PALLAVUR, PALAKKAD DISTRICT-678688.
13 RAMAKRISHNAN.C. AGED 58 YEARS S/O.CHERUKUTTY, ANNANTHOTTIL HOUSE, NALLEPILLY.P.O., PALAKKAD DISTRICT-678553.
BY ADVS. SRI.JACKSON JOHNY SRI.SAMPATH V. TOMS SHRI SANIN V.U.
RESPONDENT/S:
WP(C).No.13633 OF 2020(D)
3
OTHER PRESENT:
SC: SAJI VARGHESE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.13633 OF 2020(D)
JUDGMENT
The petitioners are stated to be working as Infra Structure Maintenance Staff for Bharath Sanchar Nigam Limited, pursuant to a deployment through the 5th respondent agency. In the writ petitioner, it is the case of the petitioners that the wages and components due and payable for the services rendered by them are pending from August 2019 onwards. Although the payments have to be made to them by the 5th respondent, it is their case that Bharath Sanchar Nigam Limited has also not effected any payment to the 5th respondent and it is on account of the said fact that payments due to them have not been released by the 5th respondent.
2.I have heard the learned counsel appearing for the petitioner and also the learned Standing Counsel appearing for the Bharath Sanchar Nigam Limited.
On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I find that in an almost identical circumstances, this Court had by judgment dated 1.7.2020 in W.P(C)No. 13076 of 2020, directed the Bharath Sanchar Nigam Limited to make the payments due to the agency in four equal successive monthly installments. Under the said circumstances, and taking cue from the said judgment, I dispose this writ petition by directing the respondent to make the payment of outstanding dues to the petitioners in four equal successive monthly installments commencing
WP(C).No.13633 OF 2020(D)
5
from 5.8.2020. The petitioners shall produce a copy of the writ petition together with a copy of this judgment, before the respondents, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
SJ
WP(C).No.13633 OF 2020(D)
6
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF INTERIM ORDER DATED 15.9.2019 IN WPC.NO.23522/2019 OF THIS HON'BLE COURT. EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 11.10.2019 IN WRIT PETITION (CIVIL) NO.23552/2019 OF THIS HON'BLE COURT.
1 issue framed by the court
Whether the warranters should be directed to pay the outstanding wages and components to the petitioners.
Colour shows how this judgement treated each authority
W.P(C)No. 13076 of 2020Relied on¶43
Praskummar C.R
Union of India
Bharat Sanchar Nigam Limited
A.K.Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
