Dismissed

Iims Detectives Pvt. Ltd. v. Labour Enforcement Officer, (Central), Trivandrum

Kerala HC8 Dec 2022WP(C)/31340/2022

Case brief

AI extract

What is this about?

The court held that the impugned order under Section 17 of the Payment of Wages Act is appealable, not directly challenging under writ. The court directed the petitioners to appeal by condoning delay while permitting the interim order to continue. The writ petition was disposed of.

What did the court decide?

Interim order continues for one month if appeal is filed; writ petition disposed of.

Iims Detectives Pvt. Ltd. Vs Labour Enforcement… — Service and Employment | Kerala HC (2022)

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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 AMIT RAWAL

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THURSDAY, THE 8^TH DAY OF DECEMBER 2022 / 17TH AGRAHAYANA, 1944 WP(C) NO. 31340 OF 2022

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PETITIONERS:

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1 IIMS DETECTIVES PVT. LTD. CORPORATE HEAD OFFICE, IIMS DETECTIVES TOWER K.P. ROAD, MONAMKUTTY, PULLIKANAKKU P.O., KAYAMKULAM, ALAPPUZHA DISTRICT - 690537 REPRESENTED BY ITS MANAGER, SRI. K BABU

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2 K. BABU AGED 61 YEARS S/O. V KUMARAN, AGED 61 YEARS, MANAGER, M/S. IIMS DETECTIVES PVT. LTD. PULLIKANAKKU P.O.,KAYAMKULAM, ALAPPUZHA DISTRICT - 690 537 RESIDING AT DHANYAM PANTHAPLAVIL, KIZHAKKETHIL, PULLIKKANAKKU P.O, KAYAMKULAM, ALAPPUZHA DISTRICT. -, PIN - 690537

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BY ADVS.MILLU DANDAPANI RONIT ZACHARIAH

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RESPONDENTS:

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1 LABOUR ENFORCEMENT OFFICER, (CENTRAL), TRIVANDRUM OFFICE OF THE REGIONAL LABOUR COMMISSIONER (CENTRAL) RAMANILAYAM, UPPALAM ROAD, TRIVANDRUM - 695001

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2 REGIONAL LABOUR COMMISSIONER (CENTRAL), TRIVANDRUM RAMANILAYAM, TC 25/3453, UPPALAM ROAD TRIVANDRUM DISTRICT -, PIN - 695001 3 GENERAL MANAGER AND PRINCIPAL MANAGER, BSNL TELECOM, BSNL PATHANAMTHITTA DISTRICT, PIN - 689101 BY ADVS.VISHNU JAYAPALAN SAJI VARGHESE T.G, SC, BSNL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.31340/2022

JUDGMENT

Concedely the order Ext.P9 dated 3.01.2022 is appealable as per the provisions of Section 17 of the Payment of Wages Act. The same reads as under :

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“The opponent 1 and 2 will pay Rs.1,000/- (Rupees One thousand only) as compensation, for the delayed payment of wages, to each worker within 15 days of receipt of this order.

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In case the opponent 1 and 2 fails to make the payment within the said date, then the opponent 3 shall ensure the payment of the ordered amount to the workers concerned within seven days thereafter and recover the same amount from the bill of the opponent 1 and 2 either by deduction from any amount payable to the opponents 1 and 2 under any contract or as a debt payable by the opponent 1 and 2.

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The amount should be paid to each worker by way of bank transfer, as done for the payment of wages, into their personal account. The applicant shall submit a report to the Authority about the compliance order.”

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This Court while admitting the Writ Petition on

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06.10.2022 had protected the interest of the petitioners for a

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period of two months. The grievance of the petitioners in short is that they are contractual labourers and had undertaken to provide security to the premises of the BSNL. But, BSNL did not make the payments resulting into institution of complaint of non payment of wages by the Labour Commissioner. This Court cannot assume the role of appellate authority to examine the veracity of the matter. The petitioners are relegated to avail the remedy of appeal by seeking the condonation of delay, if any, by excluding the period

WP(C) No.31340/2022

spent in this Court.

Accordingly, the interim order granted by this Court is ordered to continue, in case the appeal is filed within a period of one month from the date of receipt of a certified copy of this judgment. The appellate authority shall decide the appeal within a period of four months.

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Writ Petition stands disposed of.

Sd/-

AMIT RAWAL JUDGE

csl

WP(C) No.31340/2022

APPENDIX OF WP(C) 31340/2022

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PETITIONERS' EXHIBITS

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Exhibit P1	TRUE COPY OF THE NOTICE BEARING NO. IR 111/2019-C DATED 20.09.2019 ALONG WITH THE INSPECTION REPORT NO. 26/54/2019/C DATED 29.09.2019
Exhibit P2	TRUE COPY OF THE LETTER BEARING NO. IIMS- 5/2019/P-08 DATED 15.10.2019 ISSUED BY THE PETITIONERS TO THE 1ST RESPONDENT
Exhibit P3	TRUE COPY OF THE CLAIM APPLICATION NO. 17/2020
Exhibit P4	TRUE COPY OF THE SUMMONS BEARING NO. PW- CA-17/2020/RLC/TVM ISSUED BY THE 2ND RESPONDENT DATED 08.01.2021
Exhibit P5	TRUE COPY OF THE SUMMONS DATED 15.04.2021 ISSUED TO THE PETITIONER AND THE 3RD RESPONDENT BY THE 2ND RESPONDENT
Exhibit P6	TRUE COPY OF THE LETTER BEARING NO. F- 20/BSNL PTA/P-8 DATED 26.04.2021 ISSUED BY THE CHAIRMAN & MANAGING DIRECTOR OF THE 1ST PETITIONER COMPANY TO THE 2ND RESPONDENT
Exhibit P7	TRUE COPY OF THE ORDER DATED 01.11.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS
Exhibit P8	TRUE COPY OF THE LETTER DATED 23.11.2021 SENT BY THE PETITIONERS TO THE 2ND RESPONDENT
Exhibit P9	TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT IN CLAIM APPLICATION NO. 17/2020 DATED 21.01.2022, RECEIVED BY THE PETITIONERS ON 28.01.2022

Iims Detectives Pvt. Ltd. v. Labour Enforcement Officer, (Central), Trivandrum

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Iims Detectives Pvt. Ltd. v. Labour Enforcement Officer, (Central), Trivandrum

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