IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 36070 of 2008(R) ------------------------------------ PETITIONER(S): ----------------------- IDUKKI DISTRICT COMMITTEE OF ALL KERALA EX SERVICEMEN SECURITY STAFF ASSOCIATION OF BSNL, REPRESENTED BY ITS SECRETARY, ALBERT GEORGE, BHAVANA, KARIMKUNNAM P.O., THODUPUZHA VIA, IDUKKI DISTRICT. PIN-685 586. BY ADV. SRI.K.R.MICHAEL SRI.A.V.THOMAS SRI.FRANCIS JOSEPH KURISINKAL SRI.NIDHI SAM JOHNS RESPONDENTS: ----------------------- 1. THE PRINCIPAL GENERAL MANAGER BSNL, OFFICE OF THE PRINCIPAL GENERAL MANAGER BSNL, KOCHI-16. 2. LT.CO.BABU GEORGE, M/S.NEPTUNE SECUTIRY, XL/815, PALION HOUSE, M.G.ROAD, KOCHI-682 035. 3. THE DIRECTOR GENERAL OF RESETTLEMENT, DIRECTORATE GENERAL OF RESETTLEMENT, MINISTRY OF DEFENSE, WEST BLOCK IV, R.K.PURAM, NEW DELHI-110 006. BY P.PARAMESWARAN NAIR, ASST. SOLICITOR GENERAL ADVS. SRI.P.RAMAKRISHNAN FOR R2 SRI. MATHEW K PHILIP SC FOR BSNL FOR R1 SRI.C.S.RAMANATHAN, SC FOR BSNL FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2009, ALONG WITH WPC NO. 29542 OF 2008 , WPC NO. 33820 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36070 of 2008(R) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - THE TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P2 - A TRUE COPY OF THE LATEST REPRESENTATION OF THE PETITIONER. EXT.P3 - A TRUE COPY OF THE SUMMARY OF THE TOTAL AMOUNT OUTSTANDING ON MONTHLY WAGES TO THE SECURITY GUARDS FROM THE 2ND RESPPONDENT UP TO DECEMBER 2007 PREPARED BY PETITIONER. EXT.P4 - THE TRUE COPY OF THE RELEVANT PAGES OF DGR GUIDELINES. EXT.P5 - TRUE COPY OF THE STATEMENT SHOWING THE DETAILS OF AMOUNT OF WAGES DUE, PAID AND BALANCE TO BE PAID FOR THE PERIOD FROM 1ST DECEMBER 2004 TO 30TH NOVEMBER 2008. EXT.P6 - TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ZILLA SAINIK WELFARE OFFICER, IDUKKI, TO JOHNKUTTY JACOB EXT.P6(a) - TRUE COPY OF THE IDENTITY CARD ISSUED BY THE JILLA SAINIK WELFARE OFFICER, IDUKKI, TO MATHUKUTTY. EXT.P6(b) - TRUE COPY OF THE IDENTITY CARD ISSUED BY THE JILLAR SAINIK WELFARE OFFICER, IDUKKI TO SEBASTIAN O.P. EXT.P6(c) - TRUE COPY OF THE IDENTITY CARD ISSUED BY THE JILLA SAINIK WELFARE OFFICER, IDUKKI TO PRADEEP KUMAR K.P. EXT.P7 - TRUE COPY OF THE COMPLAINT DATED 22.01.2009 SUBMITTED JOHNKUTTY JACOB TO THE 1ST RESPONDENT. EXT.P7(a) - TRUE COPY OF THE COMPLAINT DATED 22.01.2009 SUBMITTED MATHUKUTTY TO THE 1ST RESPONDENT. EXT.P7(b) - TRUE COPY OF THE COMPLAINT DATED 22.01.2009 SUBMITTED BY SEBASTIAN O.P. TO THE 1ST RESPONDENT. EXT.P7(c) - TRUE COPY OF THE COMPLAINT DATED 22.01.2009 SUBMITTED BY PRADEEPKUMAR K.P. TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(A) - COPY OF THE FORMAT OF A BILL EXT.R1(B) - COPY OF THE DETAILS OF THE PAYMENT MADE TO THE AGENCY FROM JANUARY 2005 TO NOVEMBER 2008. EXT.R2(a) - TRUE COPY OF THE LETTER DATED 1.12.2008 FROM SECURITY STAFF TO THE 2ND RESPONDENT. WP(C).No. 36070 of 2008(R) -2- EXT.R2(b) - TRUE COPY OF LETTER DATED 13.2.2008 FROM THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT.R2(c) - TRUE COPY OF LETTER DATED 3.03.2008 FROM THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXT.R2(d) - TRUE COPY OF THE LETTER DATED 22.11.2008 OF THE ASSISTANT GENERAL MANAGER (ADMN) BSNL, KOTTAYAM. EXT.R2(e) - TRUE COPY OF THE LETTER DATED 24.11.2008 FROM ASSISTANT GENERAL MANAGER, BSNL, KOLLAM. // TRUE COPY // PA TO JUDGE rhs ANTONY DOMINIC, J. ----------------------------- W.P(C) No.36070 of 2008 -------------------------------------- Dated this the 23rd day of January, 2009 JUDGMENT Petitioner is representing the Ex-servicemen Security Staff, deployed by the second respondent, in the establishments of the first respondent. Complaint in this writ petition is that the second respondent has not paid wages allegedly due to them and therefore, this writ petition has been filed praying for a direction to respondents 1 and 2 to disburse the arrears of wages. The second respondent, employer denies the liability. In the nature of dispute that is raised, I feel that this issue can be resolved if the petitioner approaches competent authority under the Contract Labour (Regulation and Abolition) Act. Therefore direct that it will be open to the petitioner to approach the Assistant Labour Commissioner, Kakkanad, in which case, the said authority shall consider the claim raised, with notice to the respondents 1 and 2. It is directed that if the petitioner, files an appropriate representation before the Assistant Labour Commissioner within two W.P(C) No.36070/ 2008 2 weeks from today, the said officer shall adjudicate the same with notice to both sides within a period of six weeks thereafter. In the meanwhile, Rs.1,69,192.92/- directed to be retained as per order 10/12/2008 shall be retained by the first respondent and its disbursal will depend the orders to be passed by the Assistant Labour Commissioner. Petitioner shall produce a copy of this judgment before the Assistant Labour Commissioner for compliance. ANTONY DOMINIC, JUDGE scm