Kerala High Court
Rajan vs Bharath Sanchar Nigam Limited on 3 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3rd DAY OF JUNE 2021 / 13TH JYAISHTA, 1943
WP(C) NO. 10244 OF 2021
PETITIONERS:
1 RAJAN,
AGED 54 YEARS,
S/O.GEORGE, RESIDING AT MEENAKSHI MANDIRAM,
PAVITHRESWARAM P.O., KOLLAM, PIN-691 507.
2 KUNJU KRISHNAN,
AGED 51 YEARS
S/O.MADHAVAN PILLAI,
RESIDING AT PILLAI VEEDU,
ALUMOODU P.O., KOLLAM, PIN-691 577.
3 SHAJAHAN.T.,
AGED 42 YEARS,
S/O.THANGAL KUNJU,
RESIDING AT KOLANTAYYATHU, KOTTUKADU,
MUKUNDAPURAM P.O.,
CHAVARA, KOLLAM, PIN-691 585.
4 SYAMLAL.K.,
AGED 37 YEARS,
S/O.KARUNAKARAN, RESIDING AT SASANKA VILASAM,
THEKKEVILA P.O., KOLLAM-691 016.
5 BINU.S.,
AGED 37 YEARS,
S/O.SADASIVAN PILLAI,
RESIDING AT THOPPIL VEEDU, KIZHAVOOR,
MUKHATHALA P.O., KOLLAM, PIN-691 577.
6 BIJUMON,
AGED 39 YEARS,
S/O.SADASIVAN PILLAI, RESIDING AT AMBADI,
MUKHATHALA P.O., KOLLAM, PIN-691 577.
7 K.S.BABURAJAN,
AGED 50 YEARS,
S/O.KRISHNANKUTTY, RESIDING AT CHARUVILA VEEDU,
AYOOR P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN-695 305.
8 G.RUDRAKSHAN,
AGED 42 YEARS,
S/O.GOPALAN, RESIDING AT T.C 19/1054,
GJ NIVAS, THAMMANAM, POOJAPPURA P.O.,
THIRUVANANTHAPURAM, PIN-695 012.
WP(C) No.10244/2021
:2 :
9 VISHNU.V.,
AGED 30 YEARS,
S/O.BABUKUTTAN PILLAI,
RESIDING AT RAMYA BHAVAN, CHERIYELA,
ALUMOODU P.O., KOLLAM, PIN-691 577.
10 SHIBULAL.B.,
AGED 32 YEARS,
S/O.BALACHANDRAN, RESIDING AT SHEEBA BAHVAN,
AGASTHYAKODU, ANCHAL P.O.,
KOLLAM, PIN-691 306.
11 CHANDRABOSE,
AGED 42 YEARS,
S/O.PANKAJAKSHAN,
RESIDING AT BINDHU BHAVAN,
PARIPPALLI P.O., KOLLAM, PIN-691 574.
12 RAJU.C.,
AGED 56 YEARS,
S/O.CHACKO, RESIDING AT RENI BHAVAN,
ALUMOODU P.O., KUREEPPALLI,
KOLLAM, PIN-691 577.
13 BIJU YOHANAN,
AGED 41 YEARS,
S/O.YOHANAN, RESIDING AT BIJU BHAVANAM,
VELICHIKKALA P.O., KOLLAM, PIN-691 573.
14 MANOHARAN.C.,
AGED 51 YEARS,
S/O.CHANDRAN,
RESIDING AT CHARUVILA THODIYIL VEEDU,
PANKONAM, MUKHATHALA P.O.,
KOLLAM, PIN-691 577.
15 RATHEESH.V.,
AGED 42 YEARS,
S/O.PURUSHOTHAMAN,
RESIDING AT NARAYANA VILASAM,
PADINJATTAM MURI, SHOORANADU NORTH P.O.,
KOLLAM, PIN-690 561.
16 RAMESH.K.,
AGED 42 YEARS,
S/O.KAMALASAN,
RESIDING AT VILAYIL VEEDU, ALAMCODU,
VANCHIYOOR P.O., ATTINGAL,
THIRUVANANTHAPURAM DISTRICT, PIN-605 102.
WP(C) No.10244/2021
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17 RAJENDRA PILLAI.G.,
AGED 53 YEARS,
S/O.GOPINATHAN PILLAI, PANGOOR VEEDU,
PULIKKANNOOR, MUKHATHALA,
ALUMOODU P.O., KOLLAM, PIN-691 577.
18 MANEESH.M.,
AGED 38 YEARS,
S/O.MURALEEDHARAN PILLAI,
RESIDING AT MANEESH BHAVANAM,
THEVALAKKARA, KOLLAM, PIN-690 524.
19 VIJEESH.T.S.,
AGED 30 YEARS,
S/O.THULASEEDHARAN PILLAI,
RESIDING AT ACHU THUNDIL, KOVOOR,
ARINALLOOR P.O., KOLLAM, PIN-690 538.
20 PRAKASH.K.,
AGED 35 YEARS,
S/O.KRISHNAN KUTTY,
RESIDING AT PUTHENPURA KIZHAKKETHIL,
PALLICHARIKKAL P.O., SASTHAMCOTTA,
KOLLAM, PIN-690 521.
21 BIJU.S.,
AGED 43 YEARS,
S/O.SUNDARESHAN, RESIDING AT SREERAGAM,
VENGODU, PALAYAMKUNNU P.O.,
THIRUVANANTHAPURAM, PIN-695 146.
22 BINU.K.R.,
AGED 41 YEARS,
S/O.KARUNAKARAN,
RESIDING AT RAMATHODU HOUSE,
KAKKOLUMOOLA, MAYYANADU P.O.,
KOLLAM, PIN-691 303.
23 PRADEEP.R.,
AGED 49 YEARS,
S/O.MADHAVAN,
RESIDING AT KRISHNA VILASAM,
CHIRAKKARATHAZHAM P.O.,
KOLLAM DISTRICT, PIN-691 578.
24 RAJAMOHAN.D.,
AGED 61 YEARS,
S/O.DAMODHARAN,
RESIDING AT MANU MANDIRAM,
KARAMCODU P.O., KOLLAM, PIN-691 579.
WP(C) No.10244/2021
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25 YASODHARAN.K.,
AGED 58 YEARS,
S/O.KUTTY, RESIDING AT AMRUTHA BHAVANAM,
SOUTH MYNAGAPPALLY, MYNAGAPPALLY P.O.,
KOLLAM, PIN-690 519.
26 ANILKUMAR.K.,
AGED 42 YEARS,
S/O.KRISHNAKURUPPU, POIKAYIL VEEDU,
MANAKKARA SASTHAMCOTTA P.O.,
KOLLAM, PIN-690 521.
27 SURESH.R.,
AGED 45 YEARS,
S/O.RAMACHANDRAN, RESIDING AT CHAITHRAM,
SHOORANADU SOUTH, PATHARAM P.O.,
KOLLAM, PIN-690 522.
28 SREEKUMAR.S.S.,
AGED 45 YEARS,
S/O.SASIDHARAN,
RESIDING AT KUNNIL KIZHAKKETHIL,
UDHAYA NAGAR 99A, ASRAMAM,
ASRAMAM SOUTH P.O., KOLLAM, PIN-691 002.
29 SURESH.M.,
AGED 40 YEARS,
S/O.MADHAVAN,
RESIDING AT KANDATHIL THARAYIL,
KOVOOR, ARINALLOOR P.O.,
SASTHAMCOTTA, KOLLAM, PIN-690 538.
30 SAJEEVKUMAR.G.,
AGED 43 YEARS,
S/O.GOVINDA PILLAI,
RESIDING AT NILAVU, MANAKKARA,
SASTHAMCOTTA P.O., KOLLAM, PIN-690 521.
BY ADV A.JANI(KOLLAM)
RESPONDENTS:
1 BHARATH SANCHAR NIGAM LIMITED,
REPRESENTED BY CHIEF MANAGER,
OFFICE OF THE CHIEF GENERAL MANAGER,
TELECOM, KERALA CIRCLE, 3
THIRUVANANTHAPURAM, PIN-695 033.
WP(C) No.10244/2021
2 THE PRINCIPAL MANAGER,
TELECOM,
THE GENERAL MANAGER, BSNL,
VELLAYATTAMBALAM, KOLLAM, PIN-691 012.
3 THE ASSISTANT GEENRAL MANAGER,
TELECOM, BSNL,
VELLAYATTAMBALAM, KOLLAM, PIN-691 012.
4 MR.RAJESH BABU,
AGED ABOUT 55 YEARS,
PROPRIETOR, M/S. UNIVERSAL TELESERVICES,
ST.GEORGE BUILDING, PULAMON P.O.,
KOTTARAKARA,
KOLLAM DISTRICT, PIN-691 506.
5 THE REGIONAL CENTRAL EMPLOYEES PROVIDENT
FUND COMMISSIONER,
MINISTRY OF LABOUR AND EMPLOYMENT,
GOVERNMENT OF INDIA,
BHAVISHYANIDHI BHAVAN, P.B.NO.1016,
PATTOM, THIRUVANANTHAPURAM, PIN-695 004.
6 THE ASSISTANT DEPUTY DIRECTOR,
EMPLOYEES STATE INSURANCE CORPORATION,
PANCHDEEP BAHVAN,
ASRAMAM, KOLLAM, PIN-691 002.
SRI SAJI VARGHESE FOR R1 TO R3
SRI.P.V.AJAYAKUMAR, SC FOR ESI
SRI. SAJEEVKUMAR K GOPAL, SC FOR EPF
SMT.NITA N.S., SC FOR EPF
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.06.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.10244/2021
JUDGMENT
~~~~~~~~~
Dated this the 3rd day of June, 2021
The petitioners, who claim to be contract workers
engaged for the work of the 1st respondent-BSNL, are before
this Court alleging that the 4th respondent, who is the
immediate employer, has not remitted the ESI and EPF
contributions payable statutorily. The petitioners filed Ext.P5
complaint before the General Manager, BSNL bringing to the
notice of the BSNL this fact and requiring to take immediate
steps. As the BSNL has not taken any steps, the petitioners
have filed this writ petition seeking to direct respondents 1 to 3
to enquire into Ext.P5 complaint and take necessary action
thereon to ensure the statutory benefits available to the
petitioners without any defeasance.
WP(C) No.10244/2021
2. The learned Standing Counsel appearing for
respondents 1 to 3 would submit that the petitioners are not
workers engaged by respondents 1 to 3 and no relief against
respondents 1 to 3 can be granted in this writ petition.
3. Heard learned counsel for the petitioners and the
learned Standing Counsel appearing for respondents 1 to 3.
4. The learned Standing Counsel for respondents 1 to
3 would submit that they are not the principal employers of the
petitioners for the purpose of EPF and ESI. However, the
petitioners claim that they are workmen engaged by the 4 th
respondent.
5. In the circumstances, if the petitioners have any
grievance regarding non remittance of ESI and EPF
contribution by their employer, the petitioners have to
approach the competent authorities under the Employees
State Insurance Act and Employees Provident Fund Act.
Therefore, the writ petition is disposed of without
granting any relief to the petitioners against respondents 1 to
3, but at the same time, permitting the petitioners to agitate
WP(C) No.10244/2021
their grievance before the competent authorities under the
Employees State Insurance Act and Employees Provident
Fund Act.
Sd/-
N. NAGARESH, JUDGE
aks/03.06.2021
WP(C) No.10244/2021
APPENDIX OF WP(C) 10244/2021
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF LABOUR CONTRACT EXECUTED
BETWEEN FIRST RESPONDENT AND FOURTH
RESPONDENT.
EXHIBIT P2 TRUE COPY OF CERTIFICATE ISSUED BY
FIFTH RESPONDENT TO FOURTH RESPONDENT.
EXHIBIT P3 TRUE COPY OF LETTER ISSUED BY SIXTH
RESPONDENT TO FOURTH RESPONDENT.
EXHIBIT P4 TRUE COPY OF LETTER ISSUED BY FIRST
RESPONDENT TO ONE OF THE LABOUR WORKER.
EXHIBIT P5 TRUE COPY OF COMPLAINT SUBMITTED BY
WRIT PETITIONERS AND OTHERS TO GENERAL
MANAGER BSNL.
SR
