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2014 Supreme(Online)(KER) 43114

HIGH COURT OF KERALA
K VINOD CHANDRAN, J
BHARAT SANCHAR NIGAM LTD – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT

Both the petitioners challenge the order of the Regional Labour Commissioner [Central], Cochin, the Authority under the Minimum Wages Act, 1948 , which is produced as Exhibit P19 in W.P.(C).No.7812 of 2014 and Exhibit P11 in W.P.(C).No.18522 of 2014. W.P.(C).No.7812 of 2014 is filed by the Bharat Sanchar Nigam Limited [for brevity "BSNL"], who has contracted out the work, of infrastructure maintenance, to the petitioner in W.P.(C). No.18522 of 2014. Hence, with respect to the employees, the BSNL is in the status of a "principal employer" and the petitioner in W.P.(C).No.18522 of 2014 in the status of the "immediate employer", both of whom are covered under the definition of “employees” under the Minimum Wages Act.

2. The impugned order was passed under the Act, wherein the Union of workmen, under the immediate employer, had initiated proceedings for minimum wages. The undisputed facts are that, as on 01.11.2011, the date on which the immediate employer entered into a contract with the BSNL, the minimum wages payable was Rs.171/-, besides which an employee was entitled to contribution of Rs.8.12 towards the Employees' State Insurance and Rs.23.27 towards the Employees Provi

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