- (1.) This is an application under Article 226 of the Constitution of India wherein the writ petitioners are the registered union of the contract workers working under Bharat Sanchar Nigam Limited (hereinafter called as 'BSNL') being the respondent no.2 herein.
(2.) The case of the petitioners is that payments have not been made to the contract workers since December 2018. It is their submission that the contractors who are under contract to the respondent no.2 have failed to make payment to the workers and accordingly, the respondent no.2 being the principal employer should immediately make payments to the contract labourers under Section 21 (4) of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'Act of 1970'). One may refer to the section in greater detail. The same is provided below:- "21. Responsibility for payment of wages.- (1) A contractor shall be responsible for payment of wages to each worker employed by him as contract labour and such wages shall be paid before the expiry of such period as may be prescribed. (2) Every principal employer shall nominate a representative duly authorised by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed. (3) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the authorised representative of the principal employer. (4) In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor."
(3.) Mr. Arunava Ghosh, counsel appearing on behalf of the petitioners, places reliance on several documents including proceedings before the Conciliation Officer, letters issued by the Chief General Manager of BSNL to indicate that the respondent no.2 is completely aware of all the facts. In fact, from the letters it is evident that the Chief General Manager situated in Calcutta has even written to the Director (Finance), Corporate Offices, BSNL seeking funds for the payment of the workers. This particular factual aspect is undisputed.;