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2007 Supreme(All) 733

[2007(5) ADJ 473]
ALLAHABAD HIGH COURT
BEFORE : RAKESH TIWARI, J.
JHAMMAN LAL AND OTHERS ......Petitioners
Versus
BHARAT SANCHAR NIGAM LTD., RAMPUR AND OTHERS .....Respondents
(Civil Misc. Writ Petition No. 51339 of 2006, decided on 21st March, 2007)

Advocates:
Counsel :
Sanjay Singh for the Petitioners; Subodh Kumar, Shakti Swaroop Nigam, Manmohan Sharma, S.C. for the Respondents.

Headnote:Contract Labour (Regulation and Abolition) Act, 1970—Section 21(1), (2), (3) and (4)—Wages—To contract labour—Contractor supplies the Security Guards and Gunmen to BSNL under a contract—Their relationship with BSNL as principal employer—Cannot be denied—Being governed by statutory provisions under the Act—It is solemn duty of Contractor to see that full wages are paid—Principal Employer has duty to ensure full payment of minimum salary. [Paras 9, 16 and 20]

       

JUDGMENT

Hon’ble Rakesh Tiwari, J.—List has been revised. None has appeared for the petitioners to press this petition. Sri Subodh Kumar, Counsel for the respondents is present. Heard him and perused the record.

2. The petitioners have come up in this writ petition with the prayer that the respondents may be directed to take work/services from them as Security Guards/Gunmen continuously as per the letter/directives dated 22.5.2006 issued by the office of the Director General (Punarvas) for a period of two years. It has further been prayed that the respondents may be directed to pay full salary to the petitioners as per the wage structure applicable to them month to month when it falls due and also to pay them the amount of E.P.F. and other emoluments.

3. The Director, Sainik Kalyan Evam Punarvas, Lucknow and the Director Resettlement, Central Zone Head Quarter Command, Lucknow are the authorities who monitor the entire management for re-employment such ex-army personnel, like the petitioners though contractors who are sponsored by them in the public undertakings owned and controlled by the Government.

4. It is stated that at the request of the Telecom District Manager (T.D.M.), Rampur, the Director General (Punarvas) sponsored a Security Agency i.e. Colonel Securities, Agra for the purpose of providing security services to the Telecom Department at Rampur for a period of two years i.e. up to May, 2004.The petitioners had worked as Security Guards/Gunmen.

5. It is further stated that the Director General (Punarvas) again sponsored a Security Agency i.e. Chowdhry Security and Detective Services, Delhi for a period of two years for providing security services at the same place i.e. in the office of T.D.M. Rampur in which also the petitioners had worked. The Joint Director on behalf of Director General (Punarvas) again sent a letter to the Divisional Engineer C/o T.D.M. Rampur inter alia, informing that the same Chowdhary Security and Detective Services have again sponsored for maintaining security at the office of T.D.M. Rampur and one Captain Rajesh Gulia was also appointed as an officer to manage the security arrangements at the premises. The petitioners are attached as Security Guards with the office of T.D.M. Rampur.

6. The petitioners are Ex-Army personnel who were working as Security Guards in the establishment of the BSNL at Rampur employed by the aforesaid contractor.

7. The main grievance of the petitioners are that contractor was depriving them from several benefits such as amount of E.P.F. and other emoluments for which they are entitled and was not paying them their full salary i.e. the Security Guards were being paid Rs. 2500/- instead of Rs. 5,389/- per month and the Gunmen were being paid Rs. 3 000/- per month instead of Rs. 6619/- per month. They made several representations to the contractor and also before the BSNL authorities concerned which have remained unactioned till date giving rise to this writ petition.

8. The Counsel for the respondents submits that the petitioners have an alternative and efficacious remedy for redressal of their grievance before the Labour Court as the findings of facts are to be recorded by the Labour Court on basis of oral and documentary evidence which may be led by the parties before the Labour Court.

9. This argument of the respondents’ Counsel is not rebutted by the petitioners’ Counsel.

10. Admittedly the petitioners are working under the contractor and are contract workers. They are not employees of the BSNL. By means of this petition they want to enforce their contract of service with the BSNL for a period of two years even though they-are employees of the contractor.

11. It appears from Annexure-1 letter dated 22.5.2006 that duration of contract was of two years for re-sponsorship of the contractor Agency with the Director Employer (DGR) of the army. This contract between the Army and the Contractors has nothing to do with providing service to giving employment to the petitioners by BS

















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