High Court Kerala High Court

M/S.Vaish Security Services vs Union Of India on 21 December, 2010

Kerala High Court
M/S.Vaish Security Services vs Union Of India on 21 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37316 of 2010(L)


1. M/S.VAISH SECURITY SERVICES,
                      ...  Petitioner
2. M/S.ESQUIRE SECURITY SERVICES,

                        Vs



1. UNION OF INDIA, MINISTRY DEFENCE,
                       ...       Respondent

2. THE DIRECTOR GENERAL OF RE-SETTLEMENT

3. BHARAT SANCHAR NIGAM LTD. (BSNL),

4. THE CHIEF GENERAL MANAGER,

5. THE GENERAL MANAGER,

                For Petitioner  :SRI.K.MOHANAKANNAN

                For Respondent  :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :21/12/2010

 O R D E R
                        C.T. RAVIKUMAR, J
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                  W.P.(C)No. 37316 OF 2010
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        Dated this the 21st day of December, 2010


                          J U D G M E N T

The petitioners are security agencies engaged in

deployment of security guards in various BSNL institutions.

Exts.P1 and P2 are the agreements entered for that purpose

between the petitioners and the 3rd respondent. Evidently,

Exts.P1 and P2 contains clause 19 as hereunder:-

BSNL also reserves the right to increase or decrease
the strength of the personnel deployed, depending
upon the exigencies of the service required by giving
15 days notice to the Agency.

2. The contention of the petitioner is that Exts.P1 and P2

agreements are valid up to 31.3.2011. The grievance voiced

in this Writ Petition is against the attempt on the part of the

respondents to displace the security guards deployed by the

petitioners and to induct some others in their place.

However, the learned counsel appearing for the 3rd

respondent submits that the decision to terminate the service

of security guards deployed by the petitioners was taken

pursuant to the decision of the respondents to decrease the

WPC. No.37316/2010
: 2 :

strength of the security personnel in terms of clause 19

referred above. It is further submitted that there is no

intention at all to substitute or to terminate the service of

security guards deployed by the petitioners by inducting

certain others in the resultant vacancies. In view of the

assertion made on behalf of the respondents, I am of the view

that there is no reason for any apprehension. Therefore,

recording the above submission made on behalf of the

respondents this writ petition is closed.

Sd/-

(C.T. RAVIKUMAR, JUDGE)

jma

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P.A to Judge