Kartick Chandra Mahish & Ors vs Union Of India & Ors
2021 Latest Caselaw 62 Cal

     3
06.01.2021
Court. No.22
    b.das



                                WPA 3692 of 2020


                           Kartick Chandra Mahish & Ors.
                                      Vs.
                             Union of India & Ors.



                   Mr. Arunava Ghosh
                   Mr. Dwaipayan Sengupta
                   Ms. Pranati Das                 ...for the petitioners.

                   Mr. Anil Kr. Gupta ...for the Respondent Nos.2 to 6.

Learned advocate for the respondent nos.2 to 6

referring to paragraphs 2 to 6, 10, 11, 13 and 18 and

relying upon one Supreme Court judgment reported in

(1989) 2 SCC 116 and one unreported judgment of this

Court dated 24th December, 2019 in FMA 1 of 2020(MAT

1485 of 2019) with CAN 11032 of 2019 (Panther Security

Service & Anr. Vs. Bharat Sanchar Nigam Limited & Ors.)

have submitted that BSNL is not liable to pay any money

to the petitioners. He has submitted that this is a dispute

as to the status of the petitioners. It has not been said

who are they. It is a civil dispute and money claim and

for which Civil Court is the appropriate forum and on the

basis of such submission he has prayed for dismissal of

this writ application.

On the other hand, relying upon specially page 41

being Annexure P-3 and page 42 being the same

Annexure and relying on Section 21(4) and Section 13 of

Contract Labour (Regulation and Abolition) Act, 1970, the

petitioners submit that as principal employer they are

entitled to get their salary under Section 21(4) of the

aforesaid Act of 1970.

The matter has been heard extensively.

Hearing is concluded. Judgment is reserved.

(Abhijit Gangopadhyay, J.)