1 OA 254/18

Central Administrative Tribunal Ernakulam Bench

OA/180/00254/2018

Friday, this the 16th day of March, 2018

CORAM HON'BLE MR.U.SARATHCHANDRAN, JUDICIAL MEMBER HON'BLE MR.E.K.BHARAT BHUSHAN, ADMINISTRATIVE MEMBER

1. Rajendran K., Aged 56, Casual Labour, BSN, Exchange, S/o Karunakaran, Naduvaparambil, , Elamkadvu P.O., , Pin-686 514.

2. Sirajudheen M.A., Aged 39, Casual Labour, BSNL, Erumeli Exchange, Kottayam. S/o Abdulkhadar, Madakkalil, Alappra, Alappra P.O., Kottayam, Pin-686 544.

3. Suresh K.B, Aged 36 Casual labour, BSNL, Erumell Exchange, Kottayam. S/o A.G. Balan, Ambalathinamkuzhy, Mukkada, Mukkada P.O, Kottayam, Pin-696 544.

4. Prabhath M.R, Aged 37, Casual Labour, BSNL, Exchange, Kottayam. S/o Raghavan, Madappara, 203, , Thalunkal P.O, Kottayam-686 514.

5. Rajeev T.S., Aged 36, Casual Labour, BSNL, Ponkunnam Exchange, Kottayam. S/o P.P. Sasidharan, Thanathupathalil, 334 Chennakkunnu P.O., Kottayam-686 506. 2 OA 254/18

6. Girinadhan.K., Aged 41, Casual Labour, BSNL, Errchange, Kottayam. S/o K.R. Krishnan Unnithan Arackal Madom, Edayirickapuzha Edavirickapuzha P.O., Kottayam-686 541.

7. Dhananjayan K.K., Aged 52, Casual Labour, BSNL, Exchange, Kottayam. S/o Kutty, Kalappurackal H.No.247 Assambaney. R.P.C. P.O., Kottayam-686 513.

8. Rajeshmon C.R., Aged 41, Casual Labour, BSNL, Mundakayam Exchange, Kottayam. S/o Chinnaraj, Rajabhavan. H.No. 355, Nenmeny, Velanilam P.O, Kottayam-636 513.

9. Somarajan M.C., Aged 40, Casual Labour, BSNL. Mundakayam Exchange, Kottayam. S/o Chandramohan K.K., Myladumkunnel H.No.155A, 504 Colony, Punchabayal P.O., Kottayam-686 513.

10. Shiju C. Sivan, Aged 39, Casual Labour, BSNL, Mundakayam Exchange, Kottayam. S/o S.K. Sivan, Chavarammackal House, Nenmeny, Velanilam P.O, Kottayam-686 514.

11. Sajan M.K., Aged 34, Casual Labour, BSNL, Korathodu Exchange, Kottayam. S/o Kuttappan, Mulakkakunnel Mangappetta, 40 Acre Koruthodu, Koruthodu P.O, Kottayam, Pin-686 513.

12. Arun C. Ashok, Aged 30 Casual Labour, BSNL, Punchavayal Exchange, Kottayam. S/o C.C. Ashok Kumar, Chethimattom H.No.169, Punchavayal. Kottayam, Pin-686 513. 3 OA 254/18

13 Anilkumar K.K., Aged 43 Casual Labour, BSNL, Velichiyany Exchange, Kottayam. S/o K.T. Kutty, Kunniniyil, Ottamaram, Yendayar, Kottayam, Pin-686 514.

14. Kalesh KR., Aged 39, Casual Labour, BSNL, Parathanam Exchange, Kottayam. S/o Rajendran C.T. Kooveliyil H.No. XIII, Parathanam P.O, Kottayam, Pin-686 514.

15. Joe.J, Aged 44, Casual Labour, BSNL, Parathanam Exchange, Kottayam. S/o Jerald, Idathottiyil, H.No.IV. Chathanplappally Yendayar, Kottayam,Pin-686 514

16. Suresh P S., Aged 48, Casual Labour, BSNL, Chingavanam Exchange, Kottayam. S/o Bhaskaran, Kothariyil H.No. 131, Kavumbhagom, Kavumbhagom P.O, Kottayam, Pin-686 519.

17. Salimon M.V., Aged 50, Casual Labour, BSNL, Kanjikuzhi Exchange, Kottayam. S/o Vasu,Thekkemannumaliyil, Aimanam, Pulikkuttissary, Kottayam, Pin-686 015.

18. Benoy P. Kurian, Aged 44, Casual Labour, BSNL, Kottayam West Exchange S/o P. Kurian, Puthenparambil, 14-416 Eranjal, Muttambalam P.O., Kottayam, Pin-686 004.

19. Babu K.S., Aged 54, Casual Labour, BSNL, Koruthode Exchange, Kottayam. S/o Sreedharan, Kalapurathottiyil House, Kosady, Madukka P.O Mundakayam, Kottayam, Pin-686 513. 4 OA 254/18

20. Rajan N.K, Aged 49, Casual Labour, BSNL, Mukkootuthara Exchange, Kottayam. S/o Kuttappan, Nedumthakidiyil House, Thumarampara, Kannimala P.O, Erumeli, Kottayam, Pin-686 509.

21. Thomas E.T., Aged 40, Casual Labour, BSNL, Kootikal Exchange, Kottayam. S/o Thomas Mathai, Edakkara Narakampuzha, Koottikkal P.O, Kottayam, Pin-686 514. Applicants

(By Advocate: Sri P.K.Ibrahim)

Versus

1. Bharat Sanchar Nigam Limited, Bharat Sanchar Bhavan, Harish Mathur Lane, Ianapat, New Delhi, Pin-110 001 represented by its Chairman and Managing Director.

2. Bharat Sanchar Nigam Limited, Circle, , Pin-695 033 represented by its Chief General Manager.

3. The Principal General Manager, Bharat Sanchar Nigam Limited, BSNL Office, Pulimood Junction, Kottayam, Pin-682 002.

4. The General Manager (Restructuring WS&I Cell) 8th Floor. BSNL CO, Harish Chandra Mathur Lane, Janapath, New Delhi-110 001. Respondents

(By Advocate: Sri T.C.Krishna, Sr.PCGC)

This OA having been heard on 13th March, 2018, the Tribunal delivered the following order on 16th March, 2018:

O R D E R

By E.K.Bharat Bhushan, Administrative Member

The applicants are labourers working under the Telecom Department on daily wages for the last several years. From 2015 onwards, their wages had been raised 5 OA 254/18 to Rs. 351/-. along with variable DA. They contend that this wage level is less than what even contract workers are paid. They fulfill the same task which are attended to by the regular Class III cadre of the respondent organization for which they draw a gross monthly salary of over Rs.40000/-. They seek regularization in service under the respondents against the sanctioned Class III posts in which they claim to be working for the last 20 years.

2. Drawing analogy with the judgment in State of Punjab & Others vs. Jagjit

Singh and Others, reported in 2016 KHC 6724 (2017) 1 SCC 148, which held that an employee engaged for the same work cannot be paid less than another who performs the same duties and responsibilities, the applicants demand that their service should be regularized under the BSNL. The learned counsel who appeared on behalf of the applicant drew our attention to the humanitarian angle involved and the sheer discrimination that is being meted out to the applicants. He also drew our attention to various judicial pronouncements such as Durgapur Casual

Workers Union vs. Food Corporation of and Others [2014 KHC 4779:

2015 (5) SCC 786], Royal Talkies, Hyderabad vs. Employees' State Insurance

Corporation [1978 KHC 622: 1978 (4) SCC 204, which dealt with the issue relating to casual workers.

3. When the case was heard on 13.3.2018, we were required to consider the issue of jurisdiction of this Tribunal over the issue involved in the OA. The

Administrative Tribunal is expected to adjudicate on service matters and under the definition, “service matters”, Section 3(q) of the Administrative Tribunal Act, 1985 provides:

“Service matters”, in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Govt of India, or as the case may be, of any Corporation [or Society] owned or controlled by the Government, as respects- 6 OA 254/18

(i) remuneration (including allowances), pension and other retirement benefits;

(ii) Tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation;

(iii) leave of any kind;

(iv) disciplinary matters; or

(v) any other matter whatsoever;

4. There is no claim made by the applicants that they are employees of the respondent organization. The learned counsel himself admits that they have been engaged through contractors. Facts being so, the matter involved does not fall within the jurisdiction of this Tribunal. The applicants, if they choose to do so, should seek relief under the Industrial Disputes Act, 1947.

5. The OA is dismissed for want of jurisdiction. No order as to costs.

(E.K.Bharat Bhushan) (U.Sarathchandran) Administrative Member Judicial Member aa.

Annexures filed by the applicants: Annexure A1: Copy of the office order dated 6.6.2016 of the BSNL. Annexure A2: Copy of the order dated 25.6.2015 of the Kerala State Human Rights Commission. Annexure A3: Copy of the report prepared by the Directorate of Labour Welfare, Ministry of Labour and Employment, New Delhi. Annexure A4: Copy of the representation dated 11.1.2018. Annexure A5: Copy of the postal receipt. Annexure A6: Copy of the communication dated 28.10.2015 of the General Manager restructuring WS&I Cell.