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Supreme Court - Daily Orders

All Kerala Ex-Ser.Secuty.Staff ... vs Union Of India on 30 August, 2017

Bench: Kurian Joseph, R. Banumathi

                                           IN THE SUPREME COURT OF INDIA
                                            CIVIL ORIGINAL JURISDICTION

                                      WRIT PETITION (CIVIL)         NO(S).     426/2010


                         ALL KERALA EX-SERVICEMEN SECURITY STAFF ASSOCIATION
                         OF BSNL                                          PETITIONER(S)

                                                             VERSUS
                         UNION OF INDIA & ORS.                                              RESPONDENT(S)

                                                        O R D E R

1. The petitioner has raised an issue regarding the recent trend of outsourcing the regular jobs under the Government and other Public Enterprises, particularly where the ex-servicemen can be deployed. The writ petition has been pending before this court for the last seven years.

2. According to the petitioner, going by the policy framed by the Director General of Resettlement, the employment to the ex-servicemen in those areas where the ex-servicemen could be employed are to be provided by the Ex-Servicemen Societies. The said policy is still in existence. However, on account of the new trend of outsourcing, the benefit does not enure to the ex-serviceman and it is the middleman contractor who exploits the labour.

3. This is a case where a decision is to be taken by the Government of India. Hence, we are of the view that the matter requires consideration by the Government.

4. The petitioner may file a comprehensive representation before the Secretary concerned, within a period of six weeks from today. On receipt of the representation, the Secretary shall consider the same Signature Not Verified Digitally signed by NARENDRA PRASAD having regard to the views of the Director General of Date: 2017.09.04 16:08:08 IST Reason: Resettlement and take appropriate action, in accordance with law and justice, expeditiously, in 1 any case within a period of six months thereafter. In case the petitioner requests for an opportunity for hearing, the same shall also be granted.

5. The writ petition is, accordingly, disposed of.

6. Pending application(s), if any, shall stand disposed of.

.......................J. [KURIAN JOSEPH] .......................J. [R. BANUMATHI] NEW DELHI;

AUGUST 30, 2017.





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ITEM NO.1                 COURT NO.5                SECTION X

                S U P R E M E C O U R T O F      I N D I A
                        RECORD OF PROCEEDINGS

WRIT PETITION(S)(CIVIL)   NO(S).    426/2010

ALL KERALA EX-SERVICEMEN SECURITY STAFF ASSOCIATION OF BSNL PETITIONER(S) VERSUS UNION OF INDIA & ORS. RESPONDENT(S) Date : 30-08-2017 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Naresh Kaushik,Adv.
Mr. Vardhman Kaushik,Adv. Ms. Shaili Pande,Adv.
Mrs. Lalita Kaushik, AOR For Respondent(s) Mr. R.D. Agrawala,Sr.Adv.
Mr. Pavan Kumar, AOR Mr. R.N. Parreek,Adv.
Mr. R.K. Rathore,Adv.
Mr. S. Saini,Adv.
Mrs. Anil Katiyar, AOR Mr. Rajesh Ranjan,Adv. Mr. T.A. Khan,Adv.
Ms. Rashmi Malhotra,Adv. Mr. G.S. Makker,Adv.
UPON hearing the counsel the Court made the following O R D E R The writ petition is disposed of in terms of the signed order.
(NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASST. REGISTRAR (Signed order is placed on the file) 3