Calcutta High Court (Appellete Side)
Bharat Sanchar Nigam Limited And Ors vs Bsnl - Nationalist Thika Workers' on 26 February, 2021
Author: Rajesh Bindal
Bench: Rajesh Bindal
26.02.2021
Item No.3
AP/ss
MAT 228 of 2021
With
CAN 1 of 2021
Bharat Sanchar Nigam Limited and Ors.
Vs.
BSNL - Nationalist Thika Workers'
Congress and Ors.
(Through Video Conference)
Ms. Reshmi Ghosh, Advocate and
Mr. Kaustav Bagchi, Advocate
... for the petitioners present in
Court.
M/s. Partha Banja Chowdhury and
Mainak Ganguly, Advocates
... for the Respondent Nos.1 to
4 present in Court.
By filing the present intra-court appeal order dated February 11, 2021 passed in WPA 9371 of 2020 (BSNL- Nationalist Thika Workers' Congress and Ors. Vs. Union of India and Ors.) is under challenge. The writ petition is stated to be pending before the learned Single Judge.
Writ petition was filed by the Trade Union seeking to espouse the cause of labourers working with the contractors engaged by the Bharat Sanchar Nigam Limited (for short 'the BSNL'). Vide impugned order direction was issued to the BSNL to make payment directly to the labourers engaged by the BSNL in terms of section 21 of the Contract Labour (Regulation and Abolition) Act, 1970.
At the time of hearing it was pointed out that there is a separate writ petition bearing WP 5436 (W) of 2020 filed by some of the labourers engaged by the contractors seeking a direction for payment of their dues. Vide order 2 MAT 228 of 2021 dated June 25, 2020 passed therein BSNL was directed to make payment of three months' wages to the writ petitioners therein, who were working for the BSNL through a contractor.
The aforesaid order was challenged by the BSNL by filing MAT 489 of 2020. The aforesaid appeal was disposed of vide order dated August 25, 2020 with a direction to the contractors engaged by the BSNL to submit their bills within a fortnight. The same were to be scrutinized by the BSNL and payments made to them within four weeks thereafter. The amount due to the labourers engaged by the contractors was to be paid to them. It was further observed that the BSNL would not make any payment directly to the writ petitioners in that case.
WP 5436 (W) of 2020 is stated to be pending before the learned Single Judge. However, no date of hearing has been fixed therein.
At the time of hearing learned counsel for the respondents referred to an order dated November 25, 2019 passed by a Single Bench of this Court in WP 20855 (W) of 2019 (BSNL-Nationalist Thika Workers' Congress and Ors. Vs. Union of India and Ors.) vide which direction was issued to the BSNL to make payment of the wages to the contract labourers directly or through the contractors as convenient to the BSNL.
Considering the aforesaid different orders passed by the Single Bench pertaining to the same matter and the 3 MAT 228 of 2021 order passed by the Division Bench in MAT 489 of 2020 (M/s. The Bharat Sanchar Nigam Limited and Ors. Vs. Ajit Kumar Das and Ors.), we direct to list WP 5436 (W) of 2020 and WPA 9371 of 2020 along with the present appeal on the next date of hearing.
As the issue is to be resolved with reference to payment to be made to the labourers engaged by the contractors working with BSNL, it is directed that during the pendency of the present appeal, operation of the impugned order shall remain stayed.
Learned counsels for the parties be informed about the next date of hearing in the aforesaid two writ petitions, which have been directed to be listed along with the present appeal.
Learned counsel for the appellants submitted that she will inform the counsels and the parties in the aforesaid two writ petitions about the next date of hearing.
Adjourned to March 9, 2021.
(Rajesh Bindal, J.) (Aniruddha Roy, J.)