Madras High Court
Bharat Sanchar Nigam Ltd vs The Regional Labour Commissioner ... on 4 September, 2023
W.P.Nos.11396 to 11400 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.09.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.11396 to 11400 of 2012
and M.P.No.1 of 2012 (5 Nos.)
Bharat Sanchar Nigam Ltd.,
Rep. by its Principal General Manager,
Promenade Road,
Contonment,
Trichy-1. ...Petitioner in
all W.Ps.
-Vs-
1. The Regional Labour Commissioner (Central),
Chennai & Authority under Section 20(1) of
Minimum Wages Act, 1948,
Sastri Bhavan, V Floor,
No.4, Haddows Road,
Nungambakkam,
Chennai – 600 006.
2. The Labour Enforcement Officer (Central),
Trichy. ... Respondents 1 & 2
in all W.Ps.
3. A. Raja
Contractor,
Pudukottai Security Services,
T.S.No.3309, Near Big Pallivasal,
South Second Street,
Pudukottai – 622 001. ... 3rd Respondent in
W.P.11396 of 2012
https://www.mhc.tn.gov.in/judis
W.P.Nos.11396 to 11400 of 2012
3. S.Ramachandran
Contractor,
Shree Security Services,
Anna nagar, Mathur Post,
Pudukottai – 622 515. ... 3rd Respondent in
W.P.11397 of 2012
3. N.Venkatesan,
Managing Director,
Firstman Security Force,
H-No.11/30, 1st Main Road,
Ramalinga Nagar,
Worlur, Tirchy – 620 003. ... 3rd Respondent in
W.P.11398 of 2012
3. V.Sivaramakrishnan
Managing Partner,
Clean and Care Services,
H.No.11, First Main Road,
Ramalinga Nagar,
Trichy – 3. ... 3rd Respondent in
W.P.11399 of 2012
3. M.Pandian
Contractor,
Sri Balaji Agency,
No.41-A, Mela Chinthamani,
F-3, Block “A”, J.B.Towers,
Karur Bye Pass Road,
Trichy – 2. ... 3rd Respondent in
W.P.11400 of 2012
Common Prayer: Writ Petitions filed under Article 226 of the
Constitution of India praying to issue a Writ of Certiorarified Mandamus,
calling for the records of the first respondent in Claim Application
Nos.26, 25, 28, 27 & 24 of 2010 respectively, dated 27.09.2011 and to
quash the same as illegal and consequently direct the first respondent to
follow the relevant Notification pertaining to Telecom Industry issued by
the Ministry of Labour and Employment dated 20.05.2009 in future.
https://www.mhc.tn.gov.in/judis
W.P.Nos.11396 to 11400 of 2012
In all W.Ps.
For Petitioner : Mr.M.S.Velusamy
For Respondents
For R1 & R2 : Mr.K.Srinivasamurthy
Senior Panel Counsel
For R3 : Mr.M.R.Dharanichander
COMMON ORDER
These writ petitions have been filed challenging order dated
27.09.2011 passed by the first respondent in Claim Application Nos.26,
25, 28, 27 & 24 of 2010 respectively, and to direct the first respondent to
follow the relevant Notification pertaining to Telecom Industry issued by
the Ministry of Labour and Employment dated 20.05.2009.
2. The Government of India banned employment of causal
labourers on and after 30.03.1985, pursuant to the judgment of the
Hon'ble Supreme Court of India. Subsequent to the said judgment, the
Government of India has circulated a scheme namely Casual Labourers
(grant of Temporary Status and Regularization) Scheme, with effect from
01.10.1989. Accordingly a large number of casual employees were
regularized as per the said scheme.
https://www.mhc.tn.gov.in/judis
W.P.Nos.11396 to 11400 of 2012
3. The petitioner had taken a decision to outsource the works
like gardening, sweeping, cleaning, catering and maintenance at guest
house, lift operation etc. The category of house keeping is not covered
under the schedule of Minimum Wages Act as such it is not a scheduled
employment. The wages are regulated by the notification dated
20.05.2009, by the Ministry of Labour and Employment in respect of
contract works of Telecom, Telegraph and other departments.
4. The Ministry of Labour and Employment has notified the
minimum wages vide notification dated 14.09.2006 and accordingly the
wage was fixed by the Central Government at Rs.81/- for “A” area;
Rs.78/- for “B” area and Rs.66/- for “C” area. The minimum wages will
be revised once in three or five years. The latest notification was
published on 20.05.2009 and the same was communicated to individual
office by a letter dated 06.05.2010. At the relevant point of time, the
minimum wages fixed by the District Collectors of the respective
districts was ranging from Rs.85 to Rs.100/- in Trichy, Perambalur,
Pudukkottai, Ariyalur and Karur District in the State of Tamil Nadu.
https://www.mhc.tn.gov.in/judis
W.P.Nos.11396 to 11400 of 2012
5. While being so, the contractors viz., the third respondent in
all the writ petitions, were awarded with contract to depute their workers.
However, the above said rates are not applicable to the third respondent.
Therefore, a complaint filed before the first respondent seeking pay
parity on par with the regular employees. Though the equal pay for equal
work was rejected, the first respondent fixed the wages contrary to
Section 3 of the Minimum Wages Act. Hence, the petitioner filed the
present writ petitions, with the above said prayer.
6. Heard the learned counsel appearing on either side and
perused the material placed before this Court.
7. Similar issue has already been dealt with by the Hon'ble
Division Bench of this Court in W.A.No.770 of 2013 in the case of
Bharat Sanchar Nigam Ltd., Vs. The Deputy Chief Commissioner of
Labour & ors., in which this Court by an order dated 27.03.2015, held
that original challenge to the order of the Commissioner, does not
survive any more for adjudication for the reason that as per the said
order, the rate of wages was fixed at Rs.140/- per day for housing
https://www.mhc.tn.gov.in/judis
W.P.Nos.11396 to 11400 of 2012
keeping work and Rs.125/- per day for sweeping/cleaning work. But by
the notification issued under the Minimum Wages Act, on 20.05.2009,
all workers irrespective of their source of engagement, have become
entitled to more than the said rate of wages. Therefore, the workers are
entitled to the benefit of the notification dated 20.05.2009. Further, the
benefit of the notification will be available to the workers only from the
date of the notification, as such the workers are entitled to the benefits of
the notification dated 20.05.2009, from that date.
8. Accordingly, all the Writ Petitions are disposed of.
Consequently, connected miscellaneous petitions are closed. There shall
be no order as to cost.
04.09.2023
Internet: Yes
Index : Yes/No
Speaking/Non Speaking order
rts
https://www.mhc.tn.gov.in/judis
W.P.Nos.11396 to 11400 of 2012
To
1. The Regional Labour Commissioner (Central),
Chennai & Authority under Section 20(1) of
Minimum Wages Act, 1948,
Sastri Bhavan, V Floor,
No.4, Haddows Road,
Nungambakkam,
Chennai – 600 006.
2. The Labour Enforcement Officer (Central),
Trichy.
https://www.mhc.tn.gov.in/judis
W.P.Nos.11396 to 11400 of 2012
G.K.ILANTHIRAIYAN. J,
rts
W.P.Nos.11396 to 11400 of 2012
and M.P.No.1 of 2012 (5 Nos.)
04.09.2023
https://www.mhc.tn.gov.in/judis
