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august 2008

Supreme Court of India · 2008-08-25

KRANTIKARI SURAKSHA RAKSHAK SANGHATANA vs BHARAT SANCHAR NIGAM LTD. .

Citation / case number
SC 2002/8580
Court
Supreme Court of India
Petitioner
KRANTIKARI SURAKSHA RAKSHAK SANGHATANA
Respondent
BHARAT SANCHAR NIGAM LTD. .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,LOKESHWAR SINGH PANTA,P. SATHASIVAM, ,

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's dismissal of writ petitions filed by trade unions, asserting that once security guards are allotted to a principal employer under the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981, they become employees of that employer, and the Board loses the power to recall or re-allocate them. The Court emphasized that the Board serves merely as a statutory recruitment body and does not constitute the employer-employee relationship. The ruling reaffirmed the principle that a master-servant relationship must exist, and the Board cannot be deemed the employer of the guards.

KRANTIKARI SURAKSHA RAKSHAK SANGHATANA vs BHARAT SANCHAR NIGAM LTD. . · Niyam