DISTRICT: Kolkata

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

W.P.A. NO. OF 2022

In the matter of:

An application under Article 226 of the

Constitution of India;

AND

In the matter of:

BSNL Contractor’s Workers’ Union

(Paschim Banga) registered under the

Trade Union Act 1926, having its

office at West Bengal Telecom Circle

(BSNL), 8, Red Cross Place, CTO

Building, Ground Floor, Kolkata -

700001 represented by its Circle

Secretary Srikanta Mondal ,son of

Late Taraknath Mondal aged about

52 years, working for gain with BSNL

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, having its office CTO Building, 8

Red Cross Place, Kolkata -700001.

.........Petitioner

Versus

1. Union of India, represented by

the Secretary, Ministry of Labour and

Employment, having its office at

J696+QP4 , Shram Shakti Bhawan,

Rafi Marg, New Delhi-110001, service

through Ministry of Law & Justice,

The Government of India , having its

office at 11, Stand Road, Kolkata -

700001.

2. The Deputy Chief Labour

Commissioner (Central) , having its

office 2nd M.S. Building, 5th Floor,

Nizam Palace, 234/4, AJC Bose Road,

Kolkata – 700020.

3. The Bharat Sanchar Nigam

Limited a government of India

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Enterprise , known as BSNL, having

its one of the offices at W.B. Telecom

Circle having his office at CTO

Building, Kolkata-700001 represented

by its Chief General Manager.

4. Saraswati Construction,

carrying on business for supply of

labour, having its office at 58/1/1,

Nilratan Mukherjee Road, Shibpur,

Howrah – 711102.

5. ARD Security Service, carrying

on business for supply of labour ,

having its office at Flat No.2, Paromita

Apartment, 12 Raja Ram Mohan Roy

Road, Kolkata – 700041.

6. G.D. Security Company,

carrying on business for supply of

labour , having its office at 33/A,

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Manoranjan Roy Chowdhury Road,

Kolkata – 700017, and 4/39, N.N. Nag

Building , GR F1, Dr. Diwan Singh

Road, Gurudwara Line, Port Blair –

744101.

7. Makloyed Electrical Enterprise,

carrying on business for supply of

labour, having its office at 286, “K”

Road, Belgachia , Howrah – 711105.

8. General Security & Information

Service, carrying on business for

supply of labour, having its office at

7/C Abinash Chandra Banerjee Lane,

East Beliaghata , Kolkata – 700010.

9. D.P. Security & Allied Services ,

carrying on business for supply of

labour, having its office at 10M/1,

Paramhansha Deb Road, P.O. Alipore ,

P.S. Chetla, Kolkata -700027.

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10. Arrian Security, carrying on

business for supply of labour, having

its office at 5A Jainuddin Mistry Lane,

Ground Floor, Chetla, Kolkata -

700027.

11. Inter State Security Agency,

carrying on business for supply of

labour, having its office at 16, Garpar

Road, Kolkata – 700009.

.........Respondents

To

The Hon’ble, Prakash Shrivastava Chief Justice and His Companion

Justices of the said Hon’ble Court.

The humble Petition on behalf of the

Petitioner abovenamed.

MOST RESPECTFULLY SHEWETH:-

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1. The Applicant/Petitioner is a Registered Trade Union duly registered

under the Trade Union Act , 1926 representing total 1396 members

who are mainly engaged to do various skilled, semi skilled and

unskilled job like assisting work at MDF, any other works by the

controlling authority, helping in operation at CSC, running of Engine

alternator , Computer operating, Security Guard , Repairing &

Maintenance, clerical job, power plant Maintenance, BTS Maintenance,

AC, Pump, Elec, Equip Maintenance, BB Maintenance, BTS

Maintenance, Office peon, Line Maintenance, sweeping and cleaning

engaged to do with the Respondent No.3 at their various work center

under the state of West Bengal through the Respondent No. 4 to 11

who are the contractors for supply of labour.

A True Copy of the Names of the Member Workmen whose wages

also are due is annexed herewith showing the particulars thereon and

marked as Annexure P-1.

2. It is pertinent to state that total 1396 workmen are continuously

working under the Respondent No.3 at present, who is the Principal

Employer in respect of those workmen under the Provision of The

Contract labour (Regulation & Abolition) Act, 1970, since the year
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2000. It is pertinent to mention further that originally 1594 workmen

were engaged. Now at present 1396 persons are working after

deduction of workmen face by face. Though those workmen have been

initially engaged through the different contractors time to time being

the namesake immediate employer however, for all practical purposes

such workmen worked under the direct supervision and control of the

Respondent No. 3 (Principal Employer).

3. The Petitioner further states though during the period from 2000 -2022

different contractors were engaged to supply contract labour in

connection with the said jobs under respective tender. But the same

workmen were allowed to continue their service with the Respondent

No. 3 (BSNL).

4. The Petitioner further states that though the said workmen do their job

like the regular employee of BSNL but they are paid very low wages and

they are also deprived to get equal wages for equal job at per with the

regular employee of BSNL.

5. The Petitioner further states the aforesaid facts clearly shows the job

undertaken by the Petitioner’s members workmen are completely

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perennial in nature since they have been working continuously for

more than last 21 years with the Respondent No.3.

6. It is further submitted that the Principles of Law of the Land as per the

contract labour (Regulation And Abolition) Act, 1970, is that the job of

perennial nature cannot be executed by contract labour. However, the

workmen engaged to such job under contract labour deserved

regularization being social security measure to fulfill the objective of

directive principle of state policy under the Constitution of India.

7. That the petitioner further states that the 1396 workmen being the

members of the petitioner have not been paid their dues salary / wages

for the period of 9 months to 23 month from different workmen,

particulars of which is annexed herewith and marked as Annexure P-2.

8. The Petitioner further states that their members have come from very

poor family who with great hardship are maintaining their livelihood

somehow by providing their service to the Respondent No.3. But they

were surprised and shocked on receiving the communication from

Respondent No. 3 corporate office at New Delhi under reference no.

BSNLCO-RSTG/21(11)/6/2021-RSTG dated 11.02.2022 addressed to

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the Chief General Manager, West Bengal Telecom circle the

Respondent No.3 wherein it was communicated that “As per

instructions issued, you were requested to reduce 797 no of contract

workers, out of 1594 no. of contract workers engaged in your circle.

However, as per available information received from your circle, only 253

no of contract workers have been reduced and 1341 no. of contract

workers are still engaged in your circle. Hence, your circle has achieved

only 32% of the contract workers reduction target.” It has been further

communicated to float all the tenders for non-core activities like Repair

and maintenance, Housekeeping, Security etc on Service Lease

Agreements (SLA) based instead of Manpower based contracts/labour

based contracts. Therefore, by switching the mode of agreements from

Manpower/labour/based agreements, it is possible to reduce the

contract labours to the minimal in the respective Circles.

A true photocopy of the said Letter Dated 11.02.2022 issued

by Corporate Office Addressed to the Respondent No.3 is annexed

herewith and marked as Annexure – P-3.

9. That the Petitioner further states that the Respondent No.3 by their

further letter dated 03.03.2022 issued further instruction addressed to

the all heads of the units under West Bengal Telecom Circle to float all
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the tenders for man power activities for the purpose of reduction of

workmen to implement the decision communicated as per instruction

contained in the letter dated 11.02.2022 as shown in Annexure P-3.

A true photocopy of letter dated 03.03.2022 issued by the

Respondent No.3 is annexed herewith and marked as Annexure P-4.

10. The Petitioner states and draws the kind attention of the Hon’ble Court

to the said impugned communication dated 11.02.2022 being

annexure P-3 ,and the communication dated 03.03.2022 being

Annexure P-4 made by the Respondent No.3 as referred in Para-8 of

above is clear violation of Industrial Dispute Act, 1947 since the

Workmen engaged to do various job who have put more than 21 years

of continuous service shall be terminated or retrenched illegally if the

decision to reduce work force is implemented and thus the job of huge

number of workers will be ended by way of illegal retrenchment without

following the mandatory provision of Industrial Dispute Act, 1947.

11. The Petitioner further states that since a clear Industrial Dispute has

arisen between the employer BSNL (Respondent No.3) and their

workmen as stated above , the Petitioner’s Union by their Written

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representation under reference no. BSNLCWU (PB)/22-23 Dated

05.04.2022 communicated the Respondent No. 2 the above noted issue

and requested them to take appropriate step by initiation of

conciliation proceedings for the purpose of settlement of the dispute.

Although the said communication has been received by the Respondent

No.2 on 05.04.2022 itself but no action has been taken in this regard

by the Respondent No.2 till date so far.

A true photocopy of the said letter of the Petitioner dated

05.04.2022 is served upon the Respondent No.2 is annexed herewith

and marked as Annexure P-5.

11. It is pertinent to mention that the Respondent No.2 is

responsible to take appropriate action where industrial dispute is

apprehended being the Labour Authority set up under the provision of

the Industrial Dispute Act 1947. The Respondent No. 3 is the Central

Government Enterprise under the control of Union Labour Ministry

and as such they are amenable under the Writ Jurisdiction of the High

Court.
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12. That being aggrieved by and dissatisfied with the negligent

conduct and for non action on the part of the Respondent No.2 and 3

in denying legitimate right to continue with their service and to get

their due wages including regularization of their services, the petitioner

begs to move this Writ Petition on the following grounds amongst

others

GROU NDS

I. FOR THAT the Respondents No.2 and 3 have acted arbitrarily

and whimsically in keeping silent in respect of the legitimate

grievance of the Petitioner’s Workmen.

II. FOR THAT the Respondent No.3 illegally going to terminate

the services of the huge no of workmen for namesake engaged

through contractors like Respondent no. 4 to 11 in violation of

Laws of the Land.

III. FOR THAT the Respondent No.3 has failed to pay the due

wages to their workmen in respect of the job already done and

by which mandate of The Contract Labour (Regulation &

Abolition) Act, 1970 has been violated.

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IV. FOR THAT the Respondent No. 3 has totally failed to take

appropriate step to ensure continuation of the services of the

workmen who have been rendering services continuously for

more than 21 years.

V. FOR THAT the Respondent No. 2 has failed to take

appropriate action by initiation of conciliation proceedings in

respect of the apprehended Industrial Dispute between the

parties i.e Respondent No.3 and Petitioner’s workmen.

VI. FOR THAT the Respondent Authorities have failed to

respect the law of the land with regard to the workmen

employed with the Respondent No.3.

VII. FOR THAT the Respondent No.2 has initiated conciliation

proceedings under the Industrial Dispute Act, 1947.

VII. FOR THAT the Respondent No. 2 has failed to make even

any enquiry into the complaints made by the Petitioner’s

Workmen.

IX. FOR THAT the Respondent No. 2 ought to have started

conciliation proceedings for settlement of the dispute between

the parties and in case of failure of settlement of dispute ,

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failure report should have been submitted to the appropriate

Government (Central Government) for reference of the dispute

before the Industrial Tribunal / Labour Court/Board as per

section 10 of the Industrial Dispute Act, 1947.

X. FOR THAT non taking of any action on the part of the

Respondent No.2 to redress the legitimate grievance of the

Petitioner’s workmen is actually denial of Employment Right of

the workmen which is grave injustice on the part of the

Respondent.

12. That the aforesaid facts clearly shows that a clear dispute

has arisen between the parties on the following questions :

(a) Continuation of services of all the workmen who have been

rendering services continuously more than 21 years.

(b) Payment of wages for the period the workmen have worked .

(c) Maintenance of present status-quo of the workmen

(d) Step for regularization.

(e) For any other relief or reliefs under the Law and Equity.
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13. That there is no other speedy and efficacious alternative remedy

and the reliefs prayed for hereunder will redress the legitimate

grievance of the Petitioner.

14. That the petitioner submits that if the operation of the impugned

communication dated 11.02.2022 and 03.03.2022 issued from the

office of the Respondent No.3 are not stayed , the Petitioner’s workmen

will suffer irreparable loss and injury which cannot be compensated in

terms of money.

15. The petitioner also submits that the petitioner has a strong prima

facie case for grant of ad interim order of stay as prayed for. The

balance of convenience is also in favour of the petitioner and if the

interim order is refused, the petitioner will suffer irreparable loss and

injury.

16. That on the same fact and cause of action no other Writ Petition

has been filed in this Hon’ble Court.

17. That the application made bonafide for the ends of justice.

18. In the circumstances above, the Petitioner Respectfully prays that

your Lordship may graciously be pleased to issue;

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a) A writ in the nature of

Mandamus commanding the

Respondent No.1 and 2 to

proceed with the enquiry in the

matter of dispute as raised in the

Petitioner’s written

representation dated 05.04.2022

as shown in the Annexure P-4

and to initiate conciliation

proceeding in respect of the

dispute in accordance provision

of the Industrial Dispute Act,

1947.

b) Till the matter of dispute is

resolved by way of conciliation

proceedings, or by appropriate

forum, the Respondent No. 3

may be directed not to act in

accordance with the

communication dated

11.02.2022 and 03.03.2022

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issued by Office of the

Respondent No. 3 as per

Annexure P-3 and Annexure P-4

of the petition and/or to

maintain the present status –quo

in respect of the workmen

working with the Respondent

No.3.

c) For direction upon the

Respondent No.3 an order for

releasing of salary/wages to the

workmen whose wages are still

due for particulars of which are

furnished as per Annexure P-1.

d) Any other relief or reliefs both

under law and equity which the

Petitioner’s workman is entitled

to.
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e) Ad Interim order of stay in

terms of prayer –b and c of

above.

f) Any other order as this Hon’ble

Court may deem fit and proper

for the ends of justice.

And for this act of kindness, your petitioner, as in duty bound,

shall ever pray.

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AFFIDAVIT

I, Srikanta Mondal son of Late Tarak Nath Mondal aged about 52 years,
working for gain with BSNL , having its office CTO Building, 8 Red Cross
Place, Kolkata -700001do hereby solemnly affirm and say as follows:-

1. That I am the Circle Secretary of BSNL Contractor’s Workers’ Union

(Paschim Banga) the Writ Petitioner herein and as such I am
acquainted with the facts and circumstances of this case.
2. That I am duly competent and affirmed this affidavit on behalf of the
Writ Petitioner herein.
3. That the statements made in paragraphs are true to my
knowledge and those made in paragraphs are my respectful
submissions before this Hon’ble Court.

Prepared in my office, The Deponent is known to me,

Clerk to Mr.
Advocate Advocate

Solemnly affirmed before me on

this day of September, 2022.

Commissioner
I certify that all annexures
are legible.

Advocate
 DISTRICT: KOLKATA
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A No. of 2021

In the matter of:

An application under Article 226 of the
Constitution of India;
And
In the matter of:
BSNL Contractor’s Workers’ Union
(Paschim Banga)
… Petitioner
-Versus-
Union of India & Ors.
… Respondents

WRIT P E T I T I O N

Poulami Bhowmick
Advocate (WB/F/108/2017)
High Court, Calcutta.
For Poddar & Associates, Advocates.
5, fancy Lane, 1st floor, Kolkata-700001
M.NO. 9674560310