LAWS(KER)-2020-3-223

MUHAMMED. P Vs. CHIEF GENERAL MANAGER

Decided On March 17, 2020
Muhammed. P Appellant
V/S
CHIEF GENERAL MANAGER Respondents

JUDGEMENT

(1.) The petitioners claim that they are skilled workers engaged for cable repairing, cable joining and maintenance works by the Bharat Sanchar Nigam Limited (BSNL). According to the petitioners, their services were illegally and arbitrarily terminated by the BSNL with effect from 01.10.2019 without serving any notice and without assigning any reason. It is also contended that they have been denied even the revised minimum wages payable to the skilled workers and also the legal benefits to which they are entitled to under the Industrial Disputes Act, 1947.

(2.) The respondents 1 to 5 have filed a counter affidavit wherein it is stated that the petitioners herein were employed by the 6 th respondent who is an independent contractor to whom works were awarded by the BSNL after inviting competitive tenders. There is no employer-employee relationship between the petitioners and the BSNL and if they are in any way aggrieved by the action taken by the 6 th respondent, their remedy is to raise an industrial dispute or to seek remedy under the Payment of Wages Act.

(3.) Faced with the said submission, Sri.P.Kuruvila Jacob, the learned counsel appearing for the petitioners, submitted that the petitioners herein have already approached the 7th respondent and have preferred Ext.P6 representation. The learned counsel submits that the petitioners would be satisfied if the 7 th respondent is directed to take up Ext.P6 and proceed in accordance with law.