Kerala High Court
Bsnl Workers Union vs Union Government Of India on 8 August, 2001
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 29TH DAY OF AUGUST 2013/7TH BHADRA, 1935
WP(C).No. 21404 of 2012 (A)
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PETITIONER(S) :
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1. BSNL WORKERS UNION,
REPRESENTED BY ITS PRESIDENT THILAKARAJ M.
THACHAN HOUSE, POST AZHIKKAL, KANNUR - 670 009.
2. THILAKARAJ M.,
THACHAN HOUSE, POST AZHIKKAL, KANNUR - 670 009.
3. SUJITH K.,
NARAYANA HOUSE, POST KOTTALI, KANNUR - 5.
4. MANOJ KUMAR,
NELLIYULLATHIL, PANNIYANNOOR, THALASERRY.
BY ADVS.SRI.THAMPAN THOMAS
SRI.B.V.JOY SANKER
SRI.SHAFFIE THOMAS
SRI.SANEESH KUNJUKUNJU
SMT.JANCY ALEX
RESPONDENT(S):
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1. UNION GOVERNMENT OF INDIA,
REPRESENTED BY ITS SECRETARY
MINISTRY OF COMMUNICATIONS & INFORMATION TECHNOLOGY
DEPARTMENT OF TELECOMMUNICATIONS, 1111, SANCHAR BHAWAN
NEW DELHI - 110 001.
2. BHARATH SANCHAR NIGAM LIMITED,
REPRESENTED BY THE CHAIRMAN & MANAGING DIRECTOR
BHARATH SANCHAR BHAWAN, JANAPATH, NEW DELHI - 110 001.
3. THE GENERAL MANAGER,
TELECOM DISTRICT, BSNL BHAWAN, KANNUR - 670 002.
4. THE REGIONAL LABOUR COMMISSIONER (CENTRAL),
OFFICE OF THE REGIONAL LABOUR COMMISSIONER
KENDRIYA SHRAMSADAN, KAKKANAD, KOCHI - 682 030.
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WP(C).No. 21404 of 2012 (A) -2-
5. THE ASSISTANT LABOUR COMMISSIONER (CENTRAL),
OFFICE OF THE REGIONAL LABOUR COMMISSIONER
KENDRIYA SHRAMSADAN, KAKKANAD, KOCHI - 682 030.
6. THE ASSISTANT PROVIDENT FUND COMMISSIONER,
EMPLOYEES PROVIDENT FUND ORGANISATION
SUB REGIONAL OFFICE, P.B.NO.117, V.K.COMPLEX
FORT ROAD, KANNUR.
R1, R4 & R5 BY ADV. SRI.P.PARAMESWARAN NAIR, ASGI
BY ADV. SRI.P.M.GOPINATHA MENON, CGC
R2 & R3 BY ADVS. SRI.SAJI VARGHESE, SC, BSNL
SRI.MATHEWS K.PHILIP, SC, BSNL
R6 BY ADV. DR.ABRAHAM P. MEACHINKARA, SC, EPF ORG.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-08-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
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WP(C).No. 21404 of 2012 (A)
APPENDIX
PETITIONERS' EXHIBITS :
EXHIBIT P1. TRUE COPY OF THE DOCUMENTS RELATING TO APPOINTMENT OF
THE PETITIONERS.
EXHIBIT P2. TRUE COPY OF THE OFFICE PROCEEDING OF BSNL SDE PHONES
DATED 08.08.2001.
EXHIBIT P3. TRUE COPY OF PROCEEDINGS DATED 22.11.2004.
EXHIBIT P4. TRUE COPY OF THE ORDER DATED 10.01.2000.
EXHIBIT P5. TRUE COPY OF THE COMMUNICATION DATED 24.10.2011.
EXHIBIT P6. TRUE COPY OF THE ORDER F.NO.273-5/2006-PERS-IV/LE DATED
11.01.2011.
EXHIBIT P7. TRUE COPY OF THE LETTER DATED 14.02.2011.
EXHIBIT P8. TRUE COPY OF THE COMMUNICATION DATED 28.02.2011.
EXHIBIT P9. TRUE COPY OF THE REPRESENTATION DATED 10.06.2011.
EXHIBIT P10. TRUE COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT ON
09.04.2012.
EXHIBIT P11. TRUE COPY OF THE NOTICE DATED 11.06.2012.
EXHIBIT P12. TRUE COPY OF THE JUDGMENT IN W.A.NO.627/2008 DATED 10.07.2008.
EXHIBIT P13. TRUE COPY OF THE NOTICE INVITING TENDER DATED 4.9.2012.
EXHIBIT P14. TRUE COPY OF THE NOTICE INVITING TENDER APPEARED IN
MALAYALA MANORAMA DATED 05.09.2012.
RESPONDENTS' EXHIBITS : NIL
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//TRUE COPY//
P.A. TO JUDGE
Mn
A.M. SHAFFIQUE, J
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W.P.(C). NO. 21404 of 2012
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Dated this the 29th day of August, 2013
JUDGMENT
The writ petition has been filed by a Union representing workers of BSNL and certain workers in their individual capacity inter alia claiming regularisation of the workers engaged by the BSNL as petty contractors. They claim that the workers were engaged for the purpose of BSNL and therefore they are required to be regularised in terms with the conditions of employment of BSNL. The petitioners also claim that they are entitled for all the statutory benefits like gratuity and provident fund etc.
2. During the pendency of this writ petition, representation from the workers were considered by the Regional Labour Commissioner (Central) and the Assistant Labour Commissioner (Central) and after conducting an W.P.(C). NO. 21404 of 2012 2 enquiry, they have already filed a failure report to the Central Government to enable the Central Government to refer the matter to the Labour Court for adjudication. As far as the claim for provident fund is concerned, an enquiry under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 has already been initiated which is pending consideration before the Provident Fund Commissioner.
3. That being the situation the substantial reliefs sought for by the petitioners are pending consideration before both these authorities and therefore I do not think that a consideration of matter on merits is required as matters stand now.
4. However, having regard to the factual circumstances involved in the matter, I direct the appropriate authorities to expedite the matters so that further delay can be avoided and there will be a direction to the Central Government, the 1st respondent herein to pass W.P.(C). NO. 21404 of 2012 3 appropriate orders in the failure report as expeditiously as possible and further direction is issued to the 6th respondent to complete Section 7A enquiry as early as possible.
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A.M. SHAFFIQUE JUDGE DCS