IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 19068 of 2007(T) ----------------------------------------- PETITIONER(S): ------------------------ M/S.SURAKSHITH SERVICES, REP.BY ITS PROPRIETOR, WG.COMDR.(RTD) R.MOHAN CHAND, THOMPIL BUILDING, SASTHAMANGALAM, TRIVANDRUM- 695 010. BY ADV. MR.ALEXANDER THOMAS RESPONDENT(S): ------------------------- BHARATH SANCHAR NIGAM LTD.(BSNL), REP.BY ITS PRINCIPAL GENERAL MANAGER, TELECOM, KOZHIKODE-1. R1 BY MR.C.S.RAMANATHAN, SC, BSNL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.19068/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER DTD. 28.6.06 OF THE PF AUTHORITIES. P2:- COPY OF THE LETTER DTD. 19.10.06 ISSUED BY THE PETITIONER. P3:- COPY OF THE LETTER DTD. 4.12.06 ISSUED BY THE PETITIONER. P4:- COPY OF THE LETTER DTD. 20.1.07 ISSUED BY RESPONDENT. P5:- COPY OF THE LETTER DTD. 31.1.07 SUBMITTED BY THE PETITIONER. P6:- COPY OF THE LETTER DT. 14.2.07 ISSUED BY THE RESPONDENT. P7:- COPY OF THE LETTER DT. 2.3.07 SUBMITTED BY THE PETITIONER. P8:- COPY OF THE LETTER DT. 6.9.08 SUBMITTED BY BSNL SECURITY STAFF ASSOCIATION. P8(a):- COPY OF THE LETTER DTD. NOVEMBER 2008 SUBMITTED BY THE STAFF ASSOCIATION TO BSNL. P9:- COPY OF THE BSNL LETTER DT. 17.10.07 FURNISHING COPY OF WAGE REGISTER. P10:- COPY OF THE PROCEEDINGS DT. 23.3.09 ISSUED BY GOVT. OF INDIA , MINISTRY OF LABOUR. ANNEX.A1:- COPY OF THE LETTER DTD. 17.12.03 DIRECTOR GENERAL OF RESETTLEMENT. ANNEX.A2:- COPY OF THE LETTER DTD. 20.3.07 OF THE RESPONDENT ADDRESSED TO THE PETITIONER. ANNEX.A3:- COPY OF THE COMPLAINT DTD. 2.6.06 OF THE ASSOCIATION. TRUE COPY P.A. TO JUDGE tss V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 19068 OF 2007 = = = = = = = = = = = = = == = = = = = = = Dated this the 11th day of August 2009. JUDGMENT Petitioner runs a security service agency and ex-servicemen are deployed by the petitioner at the installation of the respondent. Amounts are to be paid by the respondent to the petitioner as per the agreement entered into between them. 2. The association claiming to represent the workmen employed by the petitioner, raised a contention that Pension PF otherwise payable by the petitioner has not been paid promptly. They also contended that gratuity payable by the petitioner shall be disbursed in accordance with law. They made a complaint before the respondent and the PF authorities, regarding such default on the part of the petitioner. On this basis, the respondent has withheld the entire service charges otherwise due to the petitioner. Hence the writ petition. 3. Learned Counsel for the B.S.N.L. submits that the version given by the petitioner that all amounts otherwise due by way of PF or gratuity have been actually paid shall be verified by W.P.(C). No. 19068 OF 2007 2 the respondents. According to the petitioner, this is evidenced by Ext.P8 and P8(a), B.S.N.L. shall take a decision on whether the petitioner has discharged his liability both under PF Act or under the Payment of Gratuity Act and based on the same, the service charges shall be disbursed to him. The entire process shall be completed within 3 months from the date of receipt of a copy of this judgment. Writ petition is disposed as above. (V.GIRI) JUDGE kkms/