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.