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2006 Supreme(Del) 59

SWATANTER KUMAR
BHARAT SANCHAR NIGAM LTD. – Appellant
Versus
ALL INDIA BHARATSANCHAR NIGAM EXECUTIVES1 ASSOCIATION (REGD. ) – Respondent


( 1 ) THE plaintiff filed a suit for permanent and mandatory injunction on the premise that it is a limited company incorporated under the provisions of the Companies Act, 1956. The plaintiff has been providing public utility services in the form of telephone/mobile services to the public of the country. The office of the chief General Manager is responsible for maintenance work of telecom in the States of u. P. , Uttranchal, Rajasthan, Jandk, Punjab, himachal Pradesh, Haryana and administration of various staff in different categories in the northern Telecom Circle. The plaintiff came into existence on 1. 10. 2000 and nearly 3. 5 lakhs employees working in the erstwhile deptt. of Telecom Services and Deptt. of telecom Operations were transferred on deemed deputation to the company. It is the case of the plaintiff that the members of the defendant association are its employees and are entitled to the benefits strictly in adherence to the DPE Guidelines as mentioned in the letter issued by the plaintiff. As per condition No. 3 (vii) of the plaintiffs letter dated 29. 4. 2004, the defendants are completely refrained from creating dis-affection or dissatisfaction amongst the employees














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