W.M.P.No.35216 of 2019 R.SURESH KUMAR, J. These writ petitions are filed by two employees Union i.e., petitioner in W.P.No.34513 of 2019 is Tamil Nadu Telecom Contract Workers Union and the petitioner in W.P.No.34570 of 2019 is Tamil Manila Tholaithodarpu Contract Labour Union represented by its General Secretary–the BSNL also cannot go back from furnishing the list of employees with details such as, name and identity of the employee, worked under which contractor, for which period he worked, the wage due as on date as well as the Bank details for the purpose of crediting the wage. 24.These basic factors in respect of each of the employee is very much required for the purpose of identification and verification of even

[11/5, 21:07] Sekarreporter 1: W.P.Nos.34513 of 2019 and 34570 of 2019
W.P.No.34513 of 2019 and
W.P.No.34570 of 2019 and
W.M.P.No.35285 of 2019 and
W.M.P.No.18609 of 2020 and
W.M.P.No.35216 of 2019
R.SURESH KUMAR, J.
These writ petitions are filed by two employees Union i.e., petitioner
in W.P.No.34513 of 2019 is Tamil Nadu Telecom Contract Workers Union
and the petitioner in W.P.No.34570 of 2019 is Tamil Manila Tholaithodarpu
Contract Labour Union represented by its General Secretary.
2.These petitions were filed to espouse the cause of contract workers
of BSNL at various places in the State of Tamil Nadu, who are the members
of these two Unions, on the grievance that, their salary or wages had not
been paid by the contractors under whom they worked for BSNL for several
months i.e., from January, 2019.
3.A series of interim orders had been passed by my predecessors in
both these writ petitions, among them, by order dated 13.08.2020, my
predecessor has given some directions, pursuant to which, the third
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Commissioner on 07.11.2020 (Saturday) and on that day, the
representatives of the employees Union as well as the
contractor concerned can also report to the Labour
Commissioner for the purpose of completing this identification
and verification process. The Labour Commissioner can take
two full days i.e., 07.11.2020 and 09.11.2020.
(ix) On 09.11.2020, the task as indicated above shall be
completed.
(x) Accordingly, from 10.11.2020 to 12.11.2020 i.e., for
three days the Labour Commissioner shall complete the task of
crediting the due, as indicated above, to each of the employee.
(xi) The amount due payable to each of the employee is
Rs.40,000/-.
(xii) If any individual employee’s due is less than
Rs.40,000/-, the actual due alone should be paid.
(xiii) The remaining amount, after distributing to the
entire employees, identified in this regard, as indicated above,
shall be kept in the same account and in this regard, a statement
of account also shall be prepared and submitted along with the
report to be filed by the Labour Commissioner in this regard.
Post the matter on 25.11.2020.
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in this regard, the BSNL also cannot go back from furnishing the list of
employees with details such as, name and identity of the employee, worked
under which contractor, for which period he worked, the wage due as on
date as well as the Bank details for the purpose of crediting the wage.
24.These basic factors in respect of each of the employee is very
much required for the purpose of identification and verification of even
these 3528 employees for the purpose of making the present distribution as
proposed by this Court in this order and it is the stand of the Labour
Commissioner also. The stand of the Labour Commissioner is appealing to
this Court.
25.Therefore, taking into account of all these developments and based
on the aforesaid discussions, this Court is inclined to pass the following
order, as an interim arrangement, for the purpose of distributing the wages
due to 3528 verified employees for the purpose of giving some solatium to
these employees as an interim measure, due to this festival season.
(i) that the respondent BSNL shall constitute a team of
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officials, who are well versed or conversant with these contract
employees, consisting of not less than three members,
immediately.
(ii) The team to be constituted by BSNL, with all
necessary particulars in respect of these 3528 employees, shall
immediately report before the respondent Labour
Commissioner for assisting the Labour Commissioner to
identify/verify these 3528 employees for the purpose of not
only the identification of the employee but also for the quantum
of wage due as on date to each of such employee as well as the
Bank particulars for the purpose of crediting their due.
(iii) Along with the team of BSNL, each of the petitioner
Union can depute two of its representatives with details and
records available with them to render assistance to the Labour
Commissioner in this regard.
(iv) In this process, it is open to the contractors
concerned to assist the Labour Commissioner along with the
team of BSNL as well as the representatives of the employees
and in this regard, if any of the contractor does not come
forward to give such an assistance with available records, still
the Labour Commissioner shall go ahead with the process
indicated above with the assistance of the BSNL team as well
as the representatives of the employees Union.
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Commissioner on 07.11.2020 (Saturday) and on that day, the
representatives of the employees Union as well as the
contractor concerned can also report to the Labour
Commissioner for the purpose of completing this identification
and verification process. The Labour Commissioner can take
two full days i.e., 07.11.2020 and 09.11.2020.
(ix) On 09.11.2020, the task as indicated above shall be
completed.
(x) Accordingly, from 10.11.2020 to 12.11.2020 i.e., for
three days the Labour Commissioner shall complete the task of
crediting the due, as indicated above, to each of the employee.
(xi) The amount due payable to each of the employee is
Rs.40,000/-.
(xii) If any individual employee’s due is less than
Rs.40,000/-, the actual due alone should be paid.
(xiii) The remaining amount, after distributing to the
entire employees, identified in this regard, as indicated above,
shall be kept in the same account and in this regard, a statement
of account also shall be prepared and submitted along with the
report to be filed by the Labour Commissioner in this regard.
Post the matter on 25.11.2020.
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