Bharat Sanchar Nigam Ltd v. Union Of India And ORS.

07.12.2023 Court No.13 Item No. 123 pk WPA 3734 of 2022 Bharat Sanchar Nigam Limited (BSNL) Contractor's Worker's Union (Paschim Banga) Vs.

Union of India and others Mr. Emon Bhattacharya, Ms. Pooja Sah ... for the petitioner.

Mr. Dipak Kumar Mukherjee, Mr. Rajib Mukherjee, Ms. Shreyasi Bhaduri ... for the BSNL.

1.

The petitioners are employees of the Contractors, namely, Dawn Security Agency and M/s. ARD Security Agency, engaged by the BSNL. They claim to have received their dues until March, 2023, except for the months of December, 2022 and January, 2023.

2.

Learned counsel for the contractors submits that due to late receipt of sums from the BSNL, they incurred penalty from the PF and other statutory authorities and adjusted the said amount payable to the petitioners towards such penalty. Admittedly, the contract between the BSNL and the Contractor has come to an end on 27th March, 2023.

3.

This Court is of the view that the petitioners may approach before the appropriate Authorities under the Industrial Disputes Act, 1947 for recovery of their dues

and seek any other remedy available to them in accordance with law.

4.

With the aforesaid observations, the writ petition is disposed of.

5.

In view of the above CAN 1 of 2023 is also disposed of.

6.

There will be no order as to costs.

7.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)