Bsnl-Nationalist Thika Workers' ... vs Union Of India & Ors
2021 Latest Caselaw 1346 Cal

 12 (D/L)
11-02-2021
 debajyoti

                           WPA/9371/2020
             BSNL-Nationalist Thika Workers' Congress & Ors.
                                  Vs.
                         Union of India & Ors.

                   Mr. Partha Bhanja Chowdhury,
                   Mr. Mainak Ganguly
                                          ... For the Petitioners.

                   Mr. Chandra Sekhar Bag,
                   Mr. U. Bhattacharyya
                                    ... For Respondent Nos.5 & 6.

Mr. Rajib Mukherjee, Ms. Supriya Dey Barat ... For Respondent No.7.

Mr. Biswadeb Ray Chaudhuri, Mr. Saurav Choudhuri ... For Respondent No.9.

Mr. Dipak Kumar Mookerjee ... For Respondent No.10.

The learned advocate for the BSNL makes misleading submission on the basis of an appeal court judgment in MAT 489 of 2020. He submits that by this judgment, the Division Bench has directed to make payment to the contractors whereas the judgment says that on the basis of the contractors' bills, the payments are to be made. Such misleading submission is deprecated.

The respondent nos.9, 10 and 11 are present pursuant to the further service made to them by the petitioners. Despite service, the respondent nos.8, 11 and 12 are not present.

I direct the Officer-in-Charge of the Police Station to take appropriate steps for presence of the owner or proprietor or any of the partners of this respondent, being respondent no.8, namely, Prime Security and Intelligence Service, 41/C, Kavi Md. Ekbal Road (Eqbalpur Road), Kolkata-700023. As these contractor's office is situated within Eqbalpur Police Station, the above direction is given to the Officer-in- Charge of the Eqbalpur Police Station. This direction is given as because one chart has been annexed to the writ application from page 103 to 108 wherein names of certain persons who work under the said contractor have been mentioned. But today, there is none before this Court to take the responsibility for such labourers on behalf of the contractor. Unless the contractor comes and makes appropriate submission taking responsibility of its own letter from page 103 to 108, the appropriate order in respect of payment of these persons cannot be made by this Court.

The police authority is directed to produce the owner or the proprietor or any of the partners of the said agency before this Court on 24th February, 2021 at 02-00 P.M.

In respect of another list given by M/s. General Security and Information Service (Pvt.) Limited, being the respondent no.9, the learned advocate, Mr. Biswadeb Ray Chaudhuri, takes the responsibility of this list and this Court, upon such responsibility of the contractor itself, accepts this list as true and correct.

The BSNL authority is directed to make payment to these persons as given in the list of respondent no.9 (vide page 109 and 110 of the writ application) who are members of the petitioner-organization as it is the responsibility of the principal employer being BSNL under Section 21 of the Contract Labour (Regularization and Abolition) Act, 1970 to pay wages as the contractors have failed to pay. Such payment is to be made by three weeks from date, that is, by 04th March, 2021. On 04th March, 2021 at 02-00 P.M., a report is to be filed by the BSNL as to the status of the payment to the employees named in the list as given in pages 109 and 110.

The matter will appear in the list on 24th February, 2021 at 02-00 P.M. as has been stated above.

( Abhijit Gangopadhyay, J. )