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P.SATHASIVAM, LOKESHWAR SINGH PANTA, ARIJIT PASAYAT
Krantikari Suraksha Rakshak Sanghatana – Appellant
Versus
Bharat Sanchar Nigam Ltd. – Respondent
Key Points:- The Act and Scheme are a complete and self-contained code for pool/Board guards, with the Board retaining control over allotment, withdrawal, and re-allotment. (!) (!) - The employer for security guards is determined by who has ultimate control over the factory/establishment, not the Board, for certain contexts; however, the Board has specific powers to allot, transfer, and supervise guards. (!) (!) (!) - The Board’s power to allot includes the implicit power to recall, re-allot, or transfer guards to other registered employers. (!) (!) (!) - Certain statutes (Sections 19, 20, 21) apply to security guards and specify that only those statutes are applicable; other employer-employee relationship statutes are excluded. (!) (!) (!) - The Board’s interaction with the "Pool" of guards and the continued supervision and control over guards after allotment is emphasized, with guards remaining under Board regimes and not becoming direct employees of principal employers for many purposes. (!) (!) (!)
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
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