P.SATHASIVAM, LOKESHWAR SINGH PANTA, ARIJIT PASAYAT
Krantikari Suraksha Rakshak Sanghatana – Appellant
Versus
Bharat Sanchar Nigam Ltd. – Respondent
JUDGMENT
Dr. ARIJIT PASAYAT, J. - Leave granted in SLP (C) No.13553/2007.
2. In these appeals challenge is to the judgment of the Bombay High Court dismissing a batch of writ petitions filed by the appellants who are trade unions in the writ petitions. The principal contention was that once Security Guard Board constituted under the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981 (in short the `Act) allots guards to a principal employer, it looses the power to recall, re-allot or transfer such guard as the guard so allotted becomes an employee of the principal employer.
3. By the impugned judgment the High Court held that the main contentions advanced by the Unions were covered by a series of judgments of earlier Division Benches as well as of learned Single Judges of the High Court which were binding upon it. Nevertheless, the Division Bench also examined the acceptability of contentions advanced and ultimately held that the contentions were without substance.
4. Stand of the appellants in short is as follows: Under the Act and the Scheme framed thereunder the security guards, on allotment by the Board to an employer/principal employer, become t
Referred to : Vizagapatnam Dock Labour Board v. Stevedores Assn. Vizagapatnam and Ors.
Dharangadhara Chemical Works Ltd. v. State of Saurashtra
Indian Petrochemicals Corporation Ltd. and Anr. v. Shramik Sena and Ors.
Hussainbhai, Calicut v. The Alath Factory Thezhilali Union, Kozhikode and Ors.
Silver Jubilee Tailoring House and Ors. v. Chief Inspector of Shops and Establishments and Anr.
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