Sri.MANU S., SC, CENTRAL COUNCIL FOR INDIAN MEDICINE (CCIM) HADHIK JAZAR K.E v. GIRISH KUMAR, CGC MANU S., DSG OF INDIA SHAFIK M.A

FIROJ ALAM, AGED 28 YEARS S/O. WAHID ALI, VILL, OJHWALIYA, P.S.KATEYA DHARARHRA MELA P.O,GOPALGUNJU DISTRICT, BIHAR, PIN- 841437, PRESENTLY RESIDING AT KARSHAKA ROAD, ALEX PARAMBIL, ERNAKULAM SOUTH, NEAR RAILWAY STATION, KOCHI, PIN – 682016 SEKENDER RUMI, AGED 59 YEARS S/O. LATE NAZIR HUSSAIN, KARSHAKA ROAD, ALEX PARAMBIL, ERNAKULAM SOUTH, NEAR RAILWAY STATION, KOCHI.PIN, PIN - 682016 NARENDRA KUMAR, GED 25 YEARS S/O. RAJKUMAR, KARSHAKA ROAD, ALEX PARAMBIL, ERNAKULAM SOUTH, NEAR RAILWAY STATION, KOCHI., PIN - 682016 MOHD ARKAN, AGED 18 YEARS AGED 18 YEARS, S/O. MOHAD SHAKIL, KARSHAKA ROAD, ALEX PARAMBIL, ERNAKULAM SOUTH, NEAR RAILWAY STATION, KOCHI.PIN, PIN - 682016 BANDARU NAGARAJU, AGED 35 YEARS S/O. UMA MAHESWARA RAO,. KARSHAKA ROAD, ALEX PARAMBIL, ERNAKULAM SOUTH, NEAR RAILWAY STATION, KOCHI., PIN - 682016 VENNA JAGADESH, AGED 26 YEARS S/O. VENNA JAMES, KARSHAKA ROAD, ALEX PARAMBIL, ERNAKULAM SOUTH, NEAR RAILWAY STATION, KOCHI., PIN - 682016 VENAVARAPU RAGHAVENDRA, AGED 24 YEARS S/O. NAGESWARA RAO, KARSHAKA ROAD, ALEX PARAMBIL, ERNAKULAM SOUTH, NEAR RAILWAY STATION, KOCHI., PIN - 682016 DILIP SHARMA, AGED 34 YEARS S/O. JAYAPARASAD SHARMA, KARSHAKA ROAD, ALEX PARAMBIL, ERNAKULAM SOUTH, NEAR RAILWAY STATION, KOCHI, PIN - 682016 DIPAK ADHIKARI, AGED 30 YEARS , S/O. HEMBAHADUR ADHIKARI, KARSHAKA ROAD, ALEX PARAMBIL, ERNAKULAM SOUTH, NEAR RAILWAY STATION, KOCHI., PIN - 682016 WP(C) NO. 24898 OF 2023 2 10 KATARI RAMU, AGED 30 YEARS S/O. SRIRAMULU, KARSHAKA ROAD, ALEX PARAMBIL, ERNAKULAM SOUTH, NEAR RAILWAY STATION, KOCHI., PIN - 682016 BY ADVS. E.S.ASHRAF K.S.KARUNAMOL RESPONDENTS: 1 2 3 4 THE DEPUTY CHIEF ENGINEER (H) CONSTRUCTION, SOUTHERN RAILWAY, ERNAKULAM JUNCTION RAILWAY STATION, KOCHI, PIN - 682016 THE ASSISTANT GENERAL MANAGER BRIDGE AND ROAD COMPANY (INDIA) LIMITED (REDEVELOPMENT OF ERNAKULAM RAILWAY JN., RAILWAY STATION), NEAR KARTHIKA RESIDENCY, ERNAKULAM, KOCHI, PIN - 682016 THE DEPUTY CHIEF ENGINEER VISHNUO INFRA PRIVATE LIMITED, 1ST FLOOR, DEEPTHI BUILDING, NEAR SOUTHSTAR TOURIST HOME, KARSHAKA ROAD, ERNAKULAM JUNCTION RAILWAY STATION, KOCHI, PIN - 682016 THE DEPUTY CHIEF LABOUR COMMISSIONER (C) OFFICE OF THE DEPUTY CHIEF LABOUR COMMISSIONER, KAKKANAD, KOCHI, PIN - 682030 BY ADVS. Sri.MANU S., SC, CENTRAL COUNCIL FOR INDIAN MEDICINE (CCIM) HADHIK JAZAR K.E. V. GIRISH KUMAR, CGC MANU S., DSG OF INDIA SHAFIK M.A.(K/227/1990) VARNA MANOJ(K/552/2016) NITHEESH.M(K/112/2021) SAISANKAR.S(K/002188/2021) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

22.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 24898 OF 2023 3 JUDGMENT The petitioners state that they have been engaged by the 3rd respondent to carry out the work relating to the re-development of Ernakulam Junction Railway station. They contend that the third respondent, Sub-Contractor of Bridge and Road Company (India) Limited, is the Principal Contractor. Their grievance is that though they have been engaged from January 2023 onwards, the salary due to them for various periods has not been paid.

2. It is contended that they have approached the Deputy Chief Labour Commissioner - the 4th respondent - for a settlement through conciliation of the matter. However, no action has been taken so far. It is in the afore circumstances that this writ petition is filed seeking the following reliefs:- i. ii. iii. Issue a writ order or direction that commanding the respondents to take immediate and effective steps to pay the salary and other payments due to the petitioners forthwith; Issue a direction to the 4th respondent to take immediate necessary further action on the complaints submitted by the petitioners for conciliation and settlement for payment of due salary due to the petitioners immediately to settle the matter. Issue an order or direction to the respondents not to forcibly compel the petitioners to vacate from the present accommodation provided to them until the claim for salary is settled. WP(C) NO. 24898 OF 2023 4

3. A statement has been filed by the learned Central Government Counsel on behalf of the fourth respondent. In the said statement, it is stated that by order dated 24.08.2023, issued under Section 3(2) of the Payment of Wages Act, 1936, the 2nd respondent has been directed to pay due wages to the ten workmen along with compensation amount of Rs.20,000/- each by crediting the awarded amounts in their bank accounts within a period of one month from the date of receipt of a copy of the order. A copy of the order is also produced as Ext.R4(a).

4. The learned counsel appearing for the 3rd respondent submitted that they are aggrieved by the order passed by the 4th respondent, and steps have been taken to challenge the same.

5. Be that as it may, as the 4th respondent has already passed Ext.R4(a) order, ordering the payment of minimum wages as well as compensation, nothing further survives in this matter. As long as the said order passed by the 4th respondent is not varied or set aside, the 4th respondent shall take the necessary steps to expeditiously implement the same. DCS The writ petition is disposed of. sd/- RAJA VIJAYARAGHAVAN V JUDGE WP(C) NO. 24898 OF 2023 5 APPENDIX OF WP(C) 24898/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 TRUE COPY OF THE COPY OF EMAIL JOB CONFIRMATION ISSUED TO THE 1ST PETITIONER BY M/S. VISHNUO INFRA PVT. LTD DATED 02.01.2023 TRUE COPY OF THE SALARY DETAILS DUE TO THE PETITIONERS, PREPARED IN THE FORM OF A CHART A TRUE COPY OF THE COMPLAINT DATED 20.06.2023 SUBMITTED TO THE ASSISTANT GENERAL MANAGER OF BRIDGE AND ROAD COMPANY (INDIA) LIMITED TRUE COPY OF THE COMPLAINT DATED 23.06.2023 SUBMITTED TO THE 1ST RESPONDENT A TRUE COPY OF THE COMPLAINT DATED 03.07.2023 A TRUE COPY OF THE RECEIPT OF THE SAID COMPLAINT RECEIVED IN THE NAME OF THE 1ST PETITIONER RESPONDENT ANNEXURES Annexure R1(a) A TRUE COPY OF THE EXTRACT OF THE CONDITIONS OF CONTRACT Annexure R4(a) A TRUE COPY OF THE ORDER NO. PCA-05/2023/B1 DATED 24.08.2023 Exhibit-R3(a) TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT DATED 24.8.2023 Exhibit-R3(b) Exhibit-R3(c) TRUE COPY OF THE APPLICATION PRODUCED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT WITHOUT A DATE RUE COPY OF THE COUNTER ALONG WITH MAIL SENT TO THE PETITIONER PRODUCED BY THE 3RD RESPONDENT THROUGH TAPAL BEFORE THE 4TH RESPONDENT DATED 24.8.2023 WP(C) NO. 24898 OF 2023 6 Exhibit-R3(d) TRUE COPY OF THE LETTER OF INTENT NO. B AND R/MDS/51242/ERS/PILLING/LOI DATED 16.12.2022 Exhibit-R3(e) TRUE COPY OF THE LETTER DATED 21.9.2023 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT Exhibit-R3(f) TRUE COPY OF THE LETTER DATED 5.10.2023 SENT BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT Exhibit-R3(g) TRUE COPY OF THE LETTER DATED 9.10.2023 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT Exhibit-R3(h) TRUE COPY OF THE MAIL DATED 25.10.2023 SENT BY THE 1ST PETITIONER TO THE 4TH RESPONDENT Exhibit-R3(i) A TRUE COPY OF THE MAIL DATED 5.7.2023 SENT BY THE LABOUR ENFORCEMENT OFFICER(CENTRAL), COCHIN TO THE 3RD RESPONDENT Exhibit-R3(j) TRUE COPY OF THE MAIL DATED 12.07.2023 BY THE 3RD RESPONDENT Exhibit-R3(k) TRUE COPY OF THE NOTICE DATED 15.04.2023 BY THE 3RD RESPONDENT Exhibit-R3(l) TRUE COPY OF ALL THE UPI TRANSACTIONS DATED 12.07.2023 BY THE 3RD RESPONDENT Exhibit-R3(m) TRUE COPY OF COMPLETE COPY OF EXHIBIT P3 DATED 20.6.2023 MENTIONED IN WPC Exhibit-R3(n) TRUE COPY OF COMPLETE COPY OF EXHIBIT P5 DATED 3.7.2023 MENTIONED IN WPC Exhibit-R(o) TRUE COPY OF THE TERMINATION LETTER DATED 21.4.2023 BY THE 3RD RESPONDENT