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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.I.CHAGLA, ADVAIT M.SETHNA
Maharashtra Rajya Suraksha Rakshak & General Kamgar Union – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. termination of board-allotted security guards at iit challenged. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. union lacks privity; iit not perpetually bound to board. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. iit is establishment; must employ board guards absent exemption. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. no locus standi for union; guards not iit employees. (Para 30 , 31 , 32 , 33 , 34) |
| 5. petition dismissed as not maintainable; stay granted. (Para 35 , 36 , 37 , 38) |
Judgment :
R.I. Chagla, J.
1. By this Writ Petition, the Petitioner – Maharashtra Rajya Suraksha Rakshak and General Kamgar Union has on behalf of its Security Guard members, totaling 81 Security Guards, a list of which has been annexed at Exhibit-A to the Petition, sought quashing and setting aside of the impugned Letter dated 11th August, 2025 (Exhibit-D to the Petition) and impugned Letter dated 25th August, 2025 (Exhibit-F to the Petition) issued by Respondent No.4 terminating the service of the Security Guards listed at Exhibit-A working in different Departments of Respondent No.3 Indian Institute of Technology, Bombay (“IIT”). Further direction is sought agains
Union lacks locus to challenge principal employer's termination of Board-allotted security guards due to absence of privity or employer-employee relationship; Board retains redeployment control; peti....
in cases of claims to absorption or regularization of service, the appropriate authority to go into such issues will be the industrial tribunal/court as determination of such claims would require inq....
Selected candidates for regular posts cannot be arbitrarily appointed on contract; such appointments deemed regular from inception, fictional service breaks invalid, entitling continuity, re-engageme....
The main legal point established in the judgment is that the applicability of legal provisions, such as notifications, is contingent upon the specific designation and role of the individual in questi....
The main legal point established in the judgment is that the nature of employment of contract laborers and the determination of employer-employee relationship should be based on evidence and adjudica....
Point of Law- Service Matter - Implementation, execution and operation of the impugned order/communication - Courts should give way to the opinion of the experts unless the decision is totally arbitr....
Point of Law : Embargo under Section 33 (1) is with regard to change of conditions of service to prejudice of the workmen concerned in the dispute.
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